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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1977 Page 2 of about 18 results (0.108 seconds)

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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Aug 09 1977 (HC)

Budh Sen Vs. Sheel Chandra Agarwal and ors.

Court : Allahabad

Decided on : Aug-09-1977

Reported in : AIR1978All88

..... the sole occupant of the premises in dispute was valid and entitled the plaintiff to sue for his ejectment. the contention is unsound and must be rejected. no authority was cited by the counsel for the plaintiff in support of his contention. it is well-settled that tenancy rights are heritable and devolve ..... the present case as already noticed though defendants nos. 2 to 5 were impleaded in consequence of the order of the court, the plaintiff never amended his plaint seeking their ejectment, and sought ejectment of defendant no. 1 alone. 15. relying on the decision of the supreme court in beohar rajendra sinha v. state ..... our opinion, no relevance to the facts of the instant case. in that decision the supreme court was concerned with the notice under section 80 of the civil p. c. and the object and scope of the notice under section 80 and one under section 106 of the t. p. act are very ..... the finding recorded by it that sheel chandra agrawal was sub-tenant of the plaintiff budh sen. the preliminary objection has force and must be accepted the civil p. c. does not contemplate an appeal against a mere finding in the absence of any challenge to the decree itself. second appeal no. 1676 ..... absence of any evidence to indicate that defendants nos. 2 to 5 have surrendered or renounced their rights of tenancy. (in the view of the learned civil and sessions judge, all the defendants inherited the tenancy of the deceased sri chandra bhan and thus became sub-tenants of the plaintiffs). the order of .....

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Sep 09 1977 (HC)

Smt. Kunti Devi and ors. Vs. Radhey Shyam

Court : Allahabad

Decided on : Sep-09-1977

Reported in : AIR1978All185

..... while the trial court disbelieved the witnesses in regard to the plaintiff's allegation about the existence of the tenancy, the lower appellate court, without reversing the trial court's rejection of the testimony of the said witnesses, relied on the same and wrongly decreed the plaintiffs suit. the learned counsel for the appellants referred to ext. 1 and ext. a ..... workshop as alleged?4. on issue no. 1, the trial court held against the plaintiff and the plaintiff's claim that he was the tenant in the disputed accommodation was rejected. on issue no. 3, the trial court held that the plaintiff had succeeded in proving the ownership of the workshop in the disputed accommodation and that the claim of the ..... was based on the averment that there was the relationship of landlord and tenant between the parties. however, it has also to be seen that the plaintiff claimed in the plaint that he was carrying on his workshop in the disputed accommodation. the defendants, in their written statement, denied the said allegation and set up a claim in themselves to the ..... same. the supreme court in ram chandra v. rama-lingam : [1963]3scr604 has clearly emphasised the expression 'substantial error or defect in the procedure' used in section 100 c.p.c. it is not every error in procedure which will lead to the interference by an appellate court in a second appeal. in my view looking to the facts and circumstances of .....

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Jan 18 1977 (HC)

Mohd. Mustafa Vs. Mansoor and ors.

Court : Allahabad

Decided on : Jan-18-1977

Reported in : AIR1977All239

..... possession and occupation of the property and not the other two sons and the widow of the late ghissu. it was also pleaded that in view of the rejection of an earlier application dated 14-12-1963 which was made by the defendants, the second application under order xxi, rule 100, c.p.c. on which ..... independent causes of action. it is not necessary to go into that question and i say nothing as to whether the plaintiff was entitled to get the plaint amended to base his claim on the aforesaid order of release. i have proceeded on the hypothesis that even if the plaintiff was entitled to do so ..... came into existence during the pendency of the suit and, therefore, if really the plaintiff wanted to rely on such event he should have certainly got his plaint amended to base his claim on such subsequent event which came into existence after the filing of the suit but before its conclusion. this observation, however, should ..... decree passed in the said suit. the impugned order dated 25-4-1964 has therefore, held that the plaintiff had failed to prove his allegation in the plaint that after the death of ghissu therewas a fresh tenancy in favour of the defendants 4 and 5. 3. feeling aggrieved, the plaintiff has now come up ..... be set aside. he impleaded all the four sons and the widow of the late ghissu as defendants in the suit. inter alia, his allegation in the plaint was 'that the entire family of ghissu was never a tenant of the house and that the new tenancy had been taken up by dullu and abdul .....

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Dec 05 1977 (HC)

Premier Insurance Co. Ltd. Vs. Smt. Vidyawati and ors.

Court : Allahabad

Decided on : Dec-05-1977

Reported in : AIR1978All264

..... be deemed to have been instituted on that date and, therefore, as the motor vehicles claims tribunal had also come into existence on that date the civil court could not entertain the suit. this application was rejected by the trial court. the trial court's view was that though till the date when the application to sue as pauper was allowed the ..... taken by or before the claims tribunal in respect of the claim for compensation shall be granted by the civil court.'this section does not lay down that in cases where plaints had been filed, but no final decision had been given the civil court shall lose jurisdiction to entertain them. the word 'entertain' has a well known connotation in law, meaning thefirst ..... commr. : air1969all200 . in cases where the court had already entertained a suit the bar under section 110-f to the jurisdiction of a civil court will not apply,13. the next question that arises is, whether the plaint would be deemed to have been presented on the date when it was filed along with an application to sue as a pauper or ..... plaint is not registered as such, but for all practical purposes the plaint is taken as having been filed on the date it was originally filed.9. the learned .....

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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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Aug 19 1977 (HC)

Jagdishwar Sahai Vs. Surjan Singh Pal

Court : Allahabad

Decided on : Aug-19-1977

Reported in : AIR1977All554

..... a decree for arrears of rent and pendente lite and future mesne profits at the rate of rs. 60/- per month was also claimed, the trial court rejected the plaintiff's contention that the defendant was in arrears of rent when the notice of demand was served on him. the suit for ejectment, however, was decreed ..... it cannot be held that no suit comes into existence. the word 'suit' has not been denned but it must be taken to mean a civil proceeding instituted by a plaint. for the existence of the suit it is enough if a party approaches the court and seeks its assistance by presenting a ..... with the permission referred to in section 3 of the old act or any proceeding arising out of such suit, pending immediately before the commencement of the uttar pradesh civil laws amendment act, 1972, (u. p. act 37 of 1972) may be continued and concluded as if this act had not been passed.' it, is ..... 'the commencement of the utter pradesh civil laws amendment act, 1972'. in the enforcement clause of act no. 19 of 1973 it was provided that section 7 shall be deemed to have come into force on ..... words 'and like-wise' and ending with the words 'after the commencement of this act' were omitted. again, the state legislature by s 7 of the u p. civil laws (amendment) act, 1973 (act no. 19 of 1973) amended clause (r) by substituting for the words 'the commencement of this act' the words and figures .....

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Feb 09 1977 (HC)

S. HaleemuddIn Rahat Malsey Vs. the U.P. State and anr.

Court : Allahabad

Decided on : Feb-09-1977

Reported in : 1977CriLJ622

..... constitution.5. kissenlal agarwalla v. nagarmal agarwalla air 1954 assam 83 : 1954 cri lj 721; while interpreting section 145(1) of the 'old criminal procedure code' it was laid down as under:it has to appear from the order in writing of the magistrate that he was satisified as to the existence ..... really satisfied, still, in the instant case no such allegation was made in the plaint. the only grievance set out in the plaint was that the order was arbitrary and illegal as no reason was given for the rejection of the plaintiff's application. it was also contended that the defendant respondent no ..... substantially affected the means of subsistence of those dependents.3. shri chandwaria has contended that the state govt. was bound to give reasons for rejecting the plaintiff's application and since it failed to do so the order was bad. he also contended that the court could scrutinise such reasons ..... government but the plaintiff did not hear from the government till 23rd september, 19557. the latter informed the plaintiff-appellant that hie application had been rejected by an order dated 23rd march, 1967. the said order of the state government was said to be arbitrary and illegal and, therefore, the ..... way of interest for withholding the payment within the period. the suit was contested by the defendants and various pleas were taken in defence. the civil court's jurisdiction to go into the plaintiff's grievance was questioned. it was alleged that due enquiry was held in the plaintiff's application .....

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