Skip to content


Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1976 Page 1 of about 12 results (0.026 seconds)

Sep 20 1976 (HC)

Chaubey Sushil Chandra Vs. Raj Bahadur

Court : Allahabad

Decided on : Sep-20-1976

Reported in : AIR1977All259

..... and not tentatively in the plaint. both the parties understood that the suit was a suit for account. the plaintiff moved an amendment application, confronted with the difficulty, tot that was rejected and the court dealing with the scope of order 6 rule 17 of the code of civil procedure made the following observations:--' ..... also a case for accounting by an agent against the principal and the plaintiff, faced with similar situation, filed an application for amendment of the plaint by adding a relief for decree for specified amount. this court held that the amendment sought for would change the nature of the suit. inasmuch ..... this appeal by raj bahadur is not maintainable. when the plaintiff appellant was met with such a plea, he sought for an amendment of the plaint by adding a relief for specific amount. this application was objected to by chaubey sushil chandra defendant. his contention was that the amendment sought for ..... to be found to state the approximate amount the plaintiff fixed the amount at rs. 5,250/- only tentatively. he did not in the plaint state that this was the precise amount due to him. if he was really suing for the precise amount, that amount should have been mentioned ..... the suit by an agent against the principal for rendition of account was not maintainable therefore, he moved an application for amendment of the plaint for a decree of specified amount but the application for amendment was dismissed by the court below.8. both the parties feeling dissatisfied with .....

Tag this Judgment!

Mar 12 1976 (HC)

Master Shivaraj Singh Vs. Bankey Lal and ors.

Court : Allahabad

Decided on : Mar-12-1976

Reported in : AIR1977All68

..... -fees under section 13 of the court-fees act. the said section permits refund of court-fees 'if an appeal or a plaint, which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or if a suit is remanded in appeal on any of the grounds mentioned in section 351 ..... of the same code for a second decision by the lower court.' at the time when the court-fees act was framed the code of civil procedure, 1859 ..... court-fees act referred to section 351 of the 1859 code. subsequently the, code of 1859 was repealed and replaced by the code of civil procedure, 1877. section 562 of the code of 1877; wag in terms almost identical with section 351 of the earlier code. the code of 1877 was in turn repealed and replaced by the code of civil procedure, 1882, and it contained a corresponding provision of section ..... 562. then the code of 1882 was repealed and replaced by the present code of civil procedure. corresponding to section 562 of the code, of 1882 is order 41, rule 23 of the present .....

Tag this Judgment!

Oct 27 1976 (HC)

Raj Kumar Kotwaj Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Oct-27-1976

Reported in : [1977]40STC141(All)

..... to pass such order as it might think fit. the words 'pass such order as it may think fit' also occur in section 115 of the code of civil procedure and in sections providing for revision under many enactments.21. in pattammal v. krishnaswami iyer : air1928mad794 , it was held that when a case is ..... may be done in the proceedings as a whole.23. in k.p. subrahmanyam v. t.v. peddiraju : air1971ap313 , the subordinate judge had rejected the plaint in regard to some items in regard to which he was of the view that the suit was barred by time and permitted the plaintiff to proceed ..... high court held that as the matter had been brought to its notice in proceedings under section 115, c. p. c, it could direct the rejection of the entire plaint and not merely in part as had been done by the court below.24. in ghanshyamdas v. sales tax officer : air1964mp161 , the facts were ..... raj kumar kotwaj of sirsaganj, constituted an association of persons.12. elaborating his contention, shri gulati argued that the revisional authority had to accept or reject the contentions of the revision petitioner and could not go into questions not urged by the parties and to give findings thereon at variance with the ..... show why these two firms should not be treated as constituting an association of persons. in other words, the contention of shri gulati was that the procedure adopted by the judge (revisions) was in violation of the principles of natural justice.17. on the other hand, the learned standing counsel maintained .....

Tag this Judgment!

Oct 27 1976 (HC)

Raj Kumar Kotwaj Vs. Commissioner of Sales Tax.

Court : Allahabad

Decided on : Oct-27-1976

Reported in : (1977)6CTR(All)45

..... to pass such order as it might think fit. the words "pass such order as it may think fit" also occur in section 115 of the code of civil procedure and in sections providing for revision under many enactments.21. in pattammal v. krishnaswami iyer a.i.r. 1928 mad. 794, it was held that when ..... proceedings as a whole.23. in k.p. subrahmanyam v. t.v. peddiraju a.i.r. 1971 a.p. 313, the subordinate judge had rejected the plaint in regard to some items in regard to which he was of the view that the suit was barred by time and permitted the plaintiff to proceed with ..... high court held that as the matter had been brought to its notice in proceedings under section 115, c. p. c, it could direct the rejection of the entire plaint and not merely in part as had been done by the court below.24. in ghanshyamdas v. sales tax officer a.i.r. 1964 m.p ..... . raj kumar kotwaj of sirsaganj, constituted an association of persons.12. elaborating his contention, shri gulati argued that the revisional authority had to accept or reject the contentions of the revision petitioner and could not go into questions not urged by the parties and to give findings thereon at variance with the findings ..... to show why these two firms should not be treated as constituting an association of persons. in other words, the contention of shri gulati was that the procedure adopted by the judge (revisions) was in violation of the principles of natural justice.17. on the other hand, the learned standing counsel maintained that once .....

Tag this Judgment!

Nov 11 1976 (HC)

Gajadhar Singh Vs. Hanwant Singh

Court : Allahabad

Decided on : Nov-11-1976

Reported in : AIR1977All137

..... lal v. mazhar hussain, (1885) ilr 7 all 230) (fb) where it has been laid down as under:--'section 15 of the code of civil procedure is a rule of procedure, not of jurisdiction, and whilst it lays down that a suit shall be instituted in the court of the lowest grade, it does not ..... concerned, there can be no two opinions it is well settled that if a relief is claimed in the plaint and the game is not decreed, the obvious inference is that the court has rejected such a claim. but, in the instant case, what has really been done is that by the judgment ..... it should be held that a relief specifically prayed for and not granted should be deemed to have been rejected. in this situation, the lower appellate court was right in holding that 'since the relief for possession was not granted by the judgment, the executing ..... respective contentions raised on behalf of the rival parties are as follows:1. was the execution application liable, to be rejected on the ground that it was initially moved in the court of the civil & sessions judge, gyanpur and not in the court of munsif, gyanpur ?2. whether the execution court erred in ..... distributors : air1957cal727 and commr. of income-tax, bombay v. scindia steam navigation co. ltd. : [1961]42itr589(sc) . his point is that in the plaint, the plaintiff-decree-holder had specifically claimed possession and since it was not granted by the trial court on the finding that the plaintiffs were already in possession, .....

Tag this Judgment!

Nov 30 1976 (HC)

Sardar Balbir Singh Vs. Atma Ram Srivastava

Court : Allahabad

Decided on : Nov-30-1976

Reported in : AIR1977All211

..... . in that case the supreme court while examining the scope of the provisions of rule 2 of order ii, code of civil procedure laid down: --'no doubt, a relief which is sought in a plaint could ordinarily be traceable to a particular cause of action but this might, by no means, be the universal rule ..... of the immovable property and for mesne profits or damages are based on distinct causes of action. it is well known that the earlier indian civil procedure codes were modelled on the language and pattern of the then existing english law. at common law claims for ejectment and mesne profits were always treated ..... imposed upon the defendant in favour of the plaintiff either by voluntary contract or by positive law.50. the scheme of order ii of the code of civil procedure suggests that the provision of rule 2 is applicable to a given state of facts wherefrom the plaintiff seeks different kinds of reliefs but all ..... is as follows:'is the plaintiff's suit (no. 16 of 1973) maintainable having regard to the provisions of order 2, rule 2 of the code of civil procedure ?the circumstances leading to this question are these.45. the applicant sardar balbir singh was a tenant of premises of which atma ram srivastava, opposite ..... of action for possession and mesne profits were not the same but were distinct having regard to section 44, rule (a) of the code. this argument was rejected and it was held that the claim for mesne profits which accrued upto the date of institution of the suit i.e., the claim .....

Tag this Judgment!

May 14 1976 (HC)

Salig Ram and anr. Vs. Uma Shanker and ors.

Court : Allahabad

Decided on : May-14-1976

Reported in : AIR1976All495

..... grant a certificate to the petitioners that the case fulfils the requirement of section 109(a) and (c) read with section 110 of the code of civil procedure as also article 133(1) of the constitution.2. after obtaining the permission of the advocate general, the plaintiff-respondents, who are two citizens ..... , 1972, disentitles the plaintiff-petitioners from asking this court to give a certificate of appeal merely on the basis of valuation. we, therefore, reject the first contention and hold that the plaintiff petitioners have no right to obtain a certificate from this court of the nature as was contemplated by ..... have derived legal, title from them. it was also pleaded that the suit was incompetent and was not maintainable under section 92 of the civil procedure code,4. the learned additional district judge, allahabad, who tried the suit, found that the house in suit was a public trust and that ..... three persons were impleaded as defendants in the suit. it was alleged by the plaintiffs that the house, described at the foot of the plaint, was thakurdwara wherein idols of sri radhaji and sri krishanji were installed in a room and of sri mahabirji in a verandah thereof and ..... allahabad, brought a suit under section 92 of the civil procedure code praying for the following reliefs:'(i) decree vesting of the thakurdwara properties namely the house nos. 62 and 62-a, golghar muthiganj, allahabad (more fully described at the foot of the plaint) in the trustees to be appointed after settling a .....

Tag this Judgment!

Jul 09 1976 (HC)

Math Sauna and ors. Vs. Kedar Nath Chaube

Court : Allahabad

Decided on : Jul-09-1976

Reported in : AIR1977All115

..... background of section 144, c.p.c. also indicates that an application for restitution is in essence an application for execution of a decree. the code of civil procedure, 1882, for the first time introduced section 583 providing for restitution. that section reads as follows:--'when a party entitled to any benefit by way ..... by executing the decree and that they were not liable to pay the aforesaid amount. the trial court by its order dated 17-7-1971 rejected the objections of the plaintiffs and directed that the execution shall proceed after a month and in the meantime the parties may bring a stay ..... kedar nath marwari, (air 1922 pc 269) :--'it is the duty of the court under section 144 of the civil procedure code to place the parties in the position which they would have occupied, but for such decree or such part thereof as has been varied or reversed. ..... held that the plaintiffs were not entitled to the properties of amauli specified as 'a', 'b', 'c' and 'e' in the schedule attached to the plaint. allowing the appeal of the plaintiffs it was declared that plaintiff-no. 3 was both de jure and de facto mahant of math sauna (plaintiff no. ..... an application. the setting aside of the decree itself raised the necessary implication that the parties should be restored to their original position. under the present code section 144 is more comprehensive. this section does not create any right of restitution. as laid down by the judicial committee in jai berham v. .....

Tag this Judgment!

Apr 16 1976 (HC)

Nan Bachchan and anr. Vs. Sita Ram and ors.

Court : Allahabad

Decided on : Apr-16-1976

Reported in : AIR1977All126

..... read as follows:--description of suitperiod of limitationtime from which period beginsto run98.by a person against whom anorder under rule 63 or rule 103 of order xxi of the code of civil procedure,1908 or an order under section 28 of the presidency small cause courts act,1882 has been made, to establish the right which he claims to the propertycomprised in ..... support from a division bench decision of this court in bhagwan das marwari v. suraj prasad singh : air1925all146 . en these circumstances order xxi, rule 92 (3) of the code of civil procedure has no application.18. sita ram was not a judgment-debtor and was under no obligation to pay the amount of the decree in the execution of which the house ..... sale of the house in question was confirmed on 1st of august, 1964, the objections filed by sita ram under order xxi, rule 90, c.p.c. having already been rejected on 21st march, 1964. sub-rule (2) of rule 58 as amended by this court clearly provides that in no case shall the sale become absolute till the claim or ..... plaintiff-respondents to set aside an auction sale of the house in question in an execution case.2. the relevant pedigree of the plaintiff-respondents as set out in the plaint is as follows: ram kishan ____________________|_____________________ | | hanuman prasad sita ram (issueless) ________________|___________________________________________________________ | | | | gopal das nand lal purshottam dwarka prasad alias | | ram gopal pappu kamal _________|____________| | ashok .....

Tag this Judgment!

Nov 24 1976 (HC)

Smt. Nirmala Kanta Vs. Mulk Raj Kohli and anr.

Court : Allahabad

Decided on : Nov-24-1976

Reported in : AIR1977All145

..... the disputed property. both the applications were disposed of by a common order passed by the trial court. the application of the defendant no. 1 for a temporary injunction was rejected and that of the plaintiff for such an order was allowed. the defendant no. 1, smt. nirmala kanta, went up in two appeals to the lower appellate court against the ..... and evidence and they will be decided by the court after the parties go to trial. but at this stage it cannot be said that the suit even on the plaint allegations should be deemed to have been barred by limitation. it may or may not be barred by limitation after the matter is decided at the final stage. moreover, it ..... injunction. civil revision no. 1497 of 1976 has been filed by the said defendant against the lower appellate court's order confirming the trial court's order refusing to grant a temporary ..... the appeals were dismissed and the trial court's order granting temporary injunction in favour of the plaintiff and refusing to grant such an injunction against the plaintiff was affirmed. civil revision no. 1386 of 1976 has been filed by smt. nirmala kanta, defendant no. 1, against the lower appellate court's order confirming the trial court's grant of temporary .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //