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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1977 Page 1 of about 18 results (0.064 seconds)

Sep 19 1977 (HC)

Mohd. Ajmal Vs. Firm Indian Chemical Co. and ors.

Court : Allahabad

Decided on : Sep-19-1977

Reported in : AIR1978All21

..... be questioned by means of a civil revision under section 115 of the code of civil procedure. i do not find the preliminary objection sustainable. the court has clearly ordered that if the valuation is not corrected 'in accordance with the order challenged by means of the revision and court fee paid on the corrected valuation, the plaint shall stand rejected. the court consequently has declined ..... finality of the decision relating to valuation, however, does not take away the power of the high court to interfere in exercise of its power under section 115 of the code of civil procedure provided the decision of the court below amounted to a case decided.'the supreme court in nemi chand v. the edward mills co. ltd. : [1953]4scr197 reconciled the provisions ..... of the court fees act with the code of civil procedure and held that, (at p. 32).'perhaps it may be possible to reconcile the provisions of the two statutes by holding that the finality declared by section 12 of the ..... the exercise of revisional powers. similarly, when a party thinking that a decision under section 12 is palpably wrong takes the risk of his plaint being rejected or suit dismiss-ed and then appeals from the order rejecting the plaint or from the decree dismissing the suit but not from the decision on the question of court-fee, then it is open to him .....

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Sep 19 1977 (HC)

Ganpat Singh Vs. Sher Bahadur Singh and ors.

Court : Allahabad

Decided on : Sep-19-1977

Reported in : AIR1978All66

..... right. hence i would not allow the amendment application at this stage.' 4. for the appellant it was urged that the appellate court below had erred in rejecting the application for amendment of the plaint. it was submitted that the trial court had held that the plaintiffs were the owners of the property in question. that being so, the appellant was entitled ..... , the plaintiffs could claim for delivery of possession of the property provided that relief was not barred by limitation or any other law. it is well settled that rules of procedure are intended to be a handmaid to the administration of justice. a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the ..... possession. on these findings, the suit was dismissed. 2. the plaintiff ganpat singh filedan appeal against that decision in thecourt of the district judge. the appealwas heard by ii temporary civil andsessions judge, pratapgarh who dismissed it. the plaintiff ganpat singh has nowcome to this court on second appeal. 3. before the appellate court below an application, 17 ka was moved ..... amendment application 17 ka is set aside. the amendment application given by the plaintiff appellant is allowed in consequence the impugned decree passed by the learned ii temporary civil and sessions judge, pratapgarh has to be set aside and the case will have to be remanded. 5. the appeal is accordingly allowed and the decree passed by the appellate .....

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Jan 27 1977 (HC)

Sardar Balbir Singh Vs. Atma Ram Srivastava

Court : Allahabad

Decided on : Jan-27-1977

Reported in : AIR1977All445

..... law arising in the case which still remains pending before the learned single judge. the words 'decree/ judgment' and 'order' have all been defined in the code of civil procedure. their definitions run as under in section 2:'(2) 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, ..... the present application is in fact an application for review of a judgment and is maintainable in law.4. order xlvii rule 1 of the code of civil procedure permits a person considering himself aggrieved by a decree or order or a decision on a reference from a court of small causes to apply for ..... to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include: (a) any adjudication from which an appeal lies ..... 73) maintainable having regard to the provision of order 2 rule 2 of the civil procedure code?'a bench of five judges was constituted and it answered the question in the affirmative. it is in respect of the opinion of the full bench ..... judge. it has been made 'under section 151/152 read with order 47 rule 1 c. p. c.'2. in a revision filed under section 115 cpc the learned single judge hearing the revision referred for the opinion of a larger bench the following question of law:'is the plaintiffs suit (no. 16 of .....

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Sep 13 1977 (HC)

Tungal Ram Vs. Smt. Leelawati

Court : Allahabad

Decided on : Sep-13-1977

Reported in : AIR1978All46

..... that the revisions arising out of original suits of the value below rupees twenty thousand used to be entertained by the district judges. the code of civil procedure has since thereafter been amended by the parliament by the code of civil procedure (amendment) act, 1976. this act came into force on 1st feb. 1977. section 115, c. p. c. as it stands after the amendment by ..... this provision also the amendment made in section 115, c. p. c. by the state of uttar pradesh no longer holds the field after the section being amended by the code of civil procedure (amendment) act, 1976. in this view of the matter the district judge was right in taking the view that the revision was not maintainable.3. coming to the merits ..... order a revision was filed before the district judge which was dismissed on 30th july, 1977, on the ground that in view of the amendment in section 115 of the code of civil procedure the revision was not maintainable. the present revision has been filed against this order of the district judge.2. the first ground which has been taken in support of ..... she had not instituted the suit at all. on the basis of this alleged conversation the written statement was sought to be amended incorporating a plea that the plaint was liable to be rejected not having been filed by the plaintiff. this application was dismissed by the munsif. he disbelieved the applicant's version in regard to his meeting the plaintiff and .....

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Apr 27 1977 (HC)

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Decided on : Apr-27-1977

Reported in : AIR1977All376

..... section 7-e of u. p. act no. 3 of 1947 on the 22nd mar., 1961 itself. an application under section 151 of the code of civil procedure was also rejected by the learned munsif, radhey kishun consequently on the 20th sept., 1961 instituted the suit giving rise to this appeal alleging that the respondent in his ..... as a result of communal riots in the district of montgomery and the inability of non-muslims to continue to reside in that area. the high court had rejected the contention. the supreme court held, relying upon the decision of the same court in satyabrata ghose v. mugneeram bangur and co. : air1954sc44 , that the ..... and with unfair motives the plaintiff had made the application under section 7-e of u. p. act no._ 3 of 1947, which was rightly rejected in view of the absence of the accommodation sought to be repaired. the suit was claimed to be barred by time and estoppel and it was pleaded ..... or flood, or violence of army or a mob or other irresistible force. in the instant case i find that there is no allegation in the plaint at all about such contingency pointed above.' referring to para 8 of the written statement and the admission made by the defendant, it was held that the ..... the site of the old shop of which the plaintiff was the tenant. thereupon the plaintiff on the 16th mar., 1962 applied for amendment of the plaint and prayed for possession over the site as also the three new shops constructed by the defendant. the defendant resisted the claim on the allegations that nearly .....

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Mar 04 1977 (HC)

Naresh Chand Agrawal Vs. Om Prakash Agrawal and anr.

Court : Allahabad

Decided on : Mar-04-1977

Reported in : AIR1977All416

..... a claim that his possession or his carrying on business should not be interfered with because it is beyond the subject-matter of the suit. there is nothing in the code of civil procedure to prevent the court from holding a prima facie enquiry into the objection made by such a third party. the court has always jurisdiction to decide whether it has ..... carried on by him as the sole owner thereof and the same was not the branch of the alleged partnership firm as alleged in the plaint.2. the trial court by its impugned order under revision rejected the said application and feeling aggrieved, naresh chand has come up in the instant revision to this court and in support and opposition thereof, i ..... said question and the matter will be decided by the court below on its own merit but it seems to me that naresh chand's objection should not have been rejected simply on the ground that he was not a party to the suit when he was clearly alleging that he was the sole owner of the goods and articles kept .....

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Apr 22 1977 (HC)

Beni Madho Mishra Vs. Budha Dev Bazaz and ors.

Court : Allahabad

Decided on : Apr-22-1977

Reported in : AIR1977All384

..... other than original suits. in substance the phrase 'in any other case' has now been enlarged to including proceedings which may be initiated not in the form of a plaint under the code of civil procedure. in the present case the learned munsif etawah decided a miscellaneous case under section 7-c of the u. p. (temporary) control of rent and eviction act, 1947 ..... 1972 came into force. the result, therefore, is that the amendment introduced by 1973 act is retrospective so as to completely nullify the amendment introduced in section 115 of the code of civil procedure by u. p. act no. 37 of 1972. in the amendment section the relevant clause is 'and the district court in any case, including a case arising out of ..... of civil procedure as amended by section 6 of u. p. act no. 37 of 1972 which provided:'the high court in cases arising out of original suits of the value of twenty ..... rejecting an application under section 7-c of the u. p. act no. 3 of 1947, the applicant filed a revision. the same was dismissed on the ground that it was not maintainable. the learned district judge relied on the decision in har prasad singh v. ram swamp (air 1973 all 390) (fb). the full bench construed section 115 of the code .....

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Nov 01 1977 (HC)

Trilok Singh Vs. Smt. Jamuna Devi and anr.

Court : Allahabad

Decided on : Nov-01-1977

Reported in : AIR1978All129

..... which the suit is triable.' section 17 is as follows: '17. application of the code of civil procedure--(1) the procedure prescribed in the code of civil procedure 1908, shall save in so far as is otherwise provided by that code or by this act, be the procedure followed in a court of small causes in all suits cognizable by it, and in ..... application under order ix, rule 13, c. p. c. was not maintainable the court below viz. the addl. dist. judge, varanasi upheld the said objection and rejected the application. hence, the defendant has now come up in the instant appeal and in support and opposition thereof i have heard the learned counsel for the parties.3. ..... the suit as a suit of the nature of small causes under the provisions of section 25(2) of the bengal, agra and assam civil courts act. in the body of the plaint also no such reference was made. the counsel contended that looking to the definition of district as contained in section 2(4) c. p ..... in the body of the plaint there should be such a recital. however, it may be conducive to do so and, i think, if it is so stated in the cause title, ..... of small causes is filed in a court specially invested with jurisdiction to try such suit, to state the said fact in the cause title of the plaint. there is no such requirement in the statute and i do not think that it is necessary. similarly, in my view it is not necessary that .....

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Jan 18 1977 (HC)

Sidh Nath Shukla and ors. Vs. Smt. Roop Rani and ors.

Court : Allahabad

Decided on : Jan-18-1977

Reported in : AIR1977All286

..... to be. their lordships added that nothing can be clearer than the declaration in the code of civil procedure that no second appeal will lie except on the grounds specified in section 584 (corresponding to section 100 of the present code), and they uttered a word of warning that no court in india or elsewhere ..... determine some material issue of law or usage having the force of law, or if there is a substantial error or defect in the procedure provided by the code, or by any other law for the time being in force which may have produced error or defect in the decision of the case ..... the head notes are as follows:-- 'finding that certain transaction was benami supported by evidence--finding cannot be challenged in second appeal. appreciation of evidence -- lower courts rejecting evidence of certain witness as unreliable -- high court in second appeal accepting such evidence exceeds its powers under section 100.' 24. as stated above, sri v. ..... of the defendants nos. 6 and 7, namely. lekh raj and smt. chandrawati. the first set mainly contested the suit. the second set supported the plaint allegations and the third set did not file any written statement and the suit proceeded ex parte agianst them. the first set denied that the disputed tend ..... are these:-- 3. the plaintiffs alleged that in between the two lines shown by letters ab and mn in the site plan annexed to the plaint and to the north of k l and a g there had always been an open sehan which was used by them and other residents of .....

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Aug 22 1977 (HC)

Simplex Concrete Piles (India) Pvt. Ltd. Vs. S. Ahmad

Court : Allahabad

Decided on : Aug-22-1977

Reported in : AIR1978All195

..... out a case for setting aside the ex parte decree.4. in fact, the case has some very serious features. firstly, the application under order 9, rule 13, cpc itself was not made by the company or an officer properly authorised, presumably company must have been managed by more than one person. there is absolutely no explanation on ..... asked for a copy of the plaint the affidavit of the attorney, to which i have already referred, says that the summons received at the calcutta head office was forwarded to the appellant at kanpur ..... affidavit filed by the aforesaid attorney that he had been informed on phone by the clerk of the calcutta head office that a registered letter containing the summons without plaint was received at the head office on 30-10-1975 and the same had been forwarded to him at kanpur on 3-11-1975 for proper steps to ..... the institution of the suit against it. it appears to be merely an invented excuse that the summons was not accompanied by a copy of the plaint. when the summons was received, the plaint too would have been most probably sent along with it. even if it was not so, the appellant could have approached the court and then ..... m. n. shukla, j.1. this is adefendant's appeal from an order rejecting an application under order 9, rule 13, c. p. c. for setting aside the ex partedecree.2. the plaintiff respondent made an application on 24th may, 1972 .....

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