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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1978 Page 1 of about 14 results (0.025 seconds)

Apr 03 1978 (HC)

Modi Spinning and Weaving Mills Co. and anr. Vs. Ladha Ram and Co.

Court : Allahabad

Decided on : Apr-03-1978

Reported in : AIR1978All260

..... taken a preliminary objection to the effect that an order passed by the trial court in exercise of its jurisdiction under order xiv rule 5 of the code of civil procedure rejecting an application for framing additional issues is not a case decided within the meaning of section 115 c.p.c, and as such the revision filed ..... orders.d. agarwala, j. 1. this is a revision filed under section 115 of the code of civil procedure against an order rejecting an application made by the applicant for framing additional issues in the case. the facts giving rise to the present revision are as follows ..... regard to issue no. 5 the plaintiff respondent has given up the claim. in the circumstances issues do not arise at all section 107 of the code of civil procedure clearly provides that in an appeal filed against a decree the appellate court haspower to frame issues and to remit them for trial.17. i have also ..... as follows :'many a time a question arose in india as to what is the exact meaning of the phrase case decided occurring in section 115 of the code of civil procedure. some high courts had taken the view that it meant the final order passed on final determination of the action. many other had, however, opined that ..... made on oath by the parties or by the persons present on their behalf or made by the pleaders of such parties the allegations made in the plaint or in answer to interrogatories delivered in the suit and on the basis of the contents of documents produced by either party. rule 4 gives power to .....

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Feb 01 1978 (HC)

Bhagwati Singh Vs. the Board of Revenue, Allahabad and ors.

Court : Allahabad

Decided on : Feb-01-1978

Reported in : AIR1978All323

..... , the argument put forward was that since the said respondents did not apply for formal delivery of possession under order xxi, rule 36 of the code of civil procedure, they obtained no rights as hereditary tenants by virtue of the decree obtained by them. the submission made is devoid of substance. order xxi, rule ..... 36 of the code of civil procedure is not meant to be applied to a case like the present. this is a rule under which for example, a plaintiff who has been ..... ment under section 27 (1) (c) of the u. p. tenancy (amendment) act, 1947 (hereinafter referred to as 'the amending act'). the application was rejected by the trial court. in appeal, the collector allowed the application on 28th march, 1051 and declared the petitioner as sub-tenant for three years under the provisions ..... 180 should be held to be not maintainable for else there was no point in the legislature granting reinstatement to the ejected persons. the division bench rejected the said contention by pointing out that in view of the change in the period of limitation brought about by section 32, a good defence will ..... date of vesting, i find that the pleadings of the parties in the suits in question are not before us. it is not clear whether in their plaint, the opposite parties nos. 4 to 9 claimed the acquisition of hereditary rights before the date of vesting and, if they did at all claim, .....

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May 23 1978 (HC)

Maganlal Devji Mewawala and ors. Vs. Satya NaraIn and ors.

Court : Allahabad

Decided on : May-23-1978

Reported in : AIR1978All455

..... binding on him and secondly that it was not open to the parties even by agreement to confer jurisdiction on a court which it did not possess under the code of civil procedure. both the contentions were repelled, but the facts of that case were materially different from the facts of the present case. in that case it was clearly stipulated ..... the bill could not be incorporated as a term of the contract. ouster of jurisdiction of a court to which a person is entitled to resort to under the civil procedure code or any other statute, cannot be a matter of assumption or presumption but one to be proved by express words contained in the contract or at least by ..... 1973 with the defendants for the purchase of indian hand-knitted woollen carpets and rugs. the details and particulars of the contract are given in para 3 of the plaint. the terms of the contract were incorporated in a letter-pad at the foot of which was noted;'all offers are without engagement unless otherwise stated. subject to hamburg ..... at hamburg in germany had jurisdiction to try the suit and the court in indiahad no jurisdiction to try the same. on this view he directed the return of the plaint for presentation to the proper court. the plaintiffs, being aggrieved by the order of the learned additional district judge, have filed, the present appeal.5. the only ..... question involved in the case is of such importance which deserves to be decided by the supreme court. we, therefore, decline to certify the case. the prayer is rejected. .....

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May 22 1978 (HC)

Mahmood Khan and anr. Vs. Ayub Khan and ors.

Court : Allahabad

Decided on : May-22-1978

Reported in : AIR1978All463

..... there is no cause of action, no amendment should be allowed to bring a cause of action. in the absence of a cause of action, the plaint must be rejected.21. in khali v. sadhaba bewa, air 1967 orissa 58 the trial court allowed the application for amendment with the following observations (at p, 58 ..... court observed that a suit for specific performance has to conform to the requirements prescribed in forms 47 and 48 of the 1st schedule in the civil procedure code and it is well settled that in a suit for specific performance the plaintiff should allege that he is ready and willing to perform his part ..... by section 16(2) of the specific relief act and as mentioned in form no. 47 of appendix 'a' of the first schedule of the civil procedure code and there was no notice to the defendant or any documentary evidence to show that the plaintiff was willing to perform his part of the contract. ..... decreed. elucidating the point, it was argued that form no. 47 of appendix 'a' to the civil procedure code and section 16(c) of the specific relief act requires that the plaintiff should aver in the plaint that he has been and is still ready and willing to perform his part of the contract and ..... that case, the supreme court dealing with the provisions relating to pleadings observed (at p. 485):'procedural law is intended to facilitate and not to obstruct the course of substantive justice, provisions relating to pleadings in civil cases are meant to give to each side intimation of the case of the other so that .....

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May 25 1978 (HC)

Chandra Bhushan Khanna and ors. Vs. Brij Nandan Singh and anr.

Court : Allahabad

Decided on : May-25-1978

Reported in : AIR1978All459

..... ), for the aforesaid reason, does not apply in the present case. in ram lal v. kabul singh (1903) ilr 25 all 135) this court rejected the reference on the reasoning that the plea of want of jurisdiction could have been met by facts showing that the want alleged did not exist, and ..... join issue, and go to trial upon the merits, the defendant cannot subsequently dispute his jurisdiction upon the grounds that there were irregularities in the initial procedure, which if objected to at the time, would have led to the dismissal of the suit.'jurisdiction cannot be conferred on a court by consent, ..... judge smallcauses court depends on the nature of the suit as originally brought and has to be determined on the allegations made in the plaint. on the plaint allegations it is evident that the plaintiff treated the defendants as unauthorised occupants of the shop in question and reliefs for ejectment and recovery ..... that the court of small causes is a court of preferential jurisdiction 'and not of exclusive jurisdiction' and that it cannot be said that the civil court lacks inherent jurisdiction to try suits of the nature specified in section 15(2) of the provincial small cause courts act. in this case ..... of immovable property or for the recovery of an interest in such property from the cognizance of a court of small causes. by the uttar pradesh civil laws amendment act, 1972. article 4 has been substituted by the following article:--'(4) a suit for the possession of immovable property or for the .....

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Apr 27 1978 (HC)

Smt. Gomti Devi Vs. Hari Shanker

Court : Allahabad

Decided on : Apr-27-1978

Reported in : AIR1978All402

..... further contention is that since the provisions of order xxxiii, rule 7 did not apply the application should be taken as a plaint deficiently stamped and the court in such circumstances can exercise its powers under section 149 of the civil p. c. if it is so satisfied.7. counsel for the respondent has, however, argued that the court could grant time ..... full bench consisting of sulaiman, c. j. bennet and allsop, jj. took the view that where an application for permission to sue as a pauper is rejected under order xxxiii, rule 5, c. p. c. the court while rejecting the application can under section 149, c. p. c. allow the applicant to, pay the court-fees and treat the application as a ..... plaint. if, however, the court has refused to allow the application to sue as a pauper under order xxxiii, rule 7, sub-clause (3) then the court while rejecting the application for permission to sue as a pauper cannot under section 149, c. p. c. allow ..... the applicant to pay the requisite court-fee and treat the application as a plaint,10. the view in chunnamal's case (1936 all lj 760) (fb) was partly .....

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Oct 05 1978 (HC)

Govind Ram Vs. Ganesh Ram and ors.

Court : Allahabad

Decided on : Oct-05-1978

Reported in : AIR1979All122

..... by the defendant that a claim for mesne profits could not be made at the stage of the preparation of the final decree. the trial court rejected that objection and held that it was open to the court to consider the question of the plaintiff's interest in the profits realised by the defendant ..... cited. in 'k. venkata subbaiya v. k. veeraiyya' : air1955ap172 , it was held: 'in a suit for partition though there is no prayer in the plaint for the ascertainment of future profits from the date of suit and though there is no specific direction in the preliminary decree for such ascertainment, the court is bound ..... respect of the same could be issued at the stage of the preparation of the final decree even though no such relief had been asked for in the plaint and the preliminary decree was silent on it. 5. learned counsel for the applicant invited my attention to mohd. amin v. vakil ahmad : [1952] ..... appropriate directions regarding all or any of these matters either suo motu or on the application of the parties. order 20. rule 18, c. p. code does not prohibit the court from issuing such directions after the stage of a preliminary decree. it is open to the court in order to prevent multiplicity ..... 1. this is a defendant's revision directed against an appellate order passed by the 2nd additional district judge, ghazipur affirming an order of the civil judge dated 14-9-1971 directing en enquiry into the question of mesne profits at the stage of the preparation of the final decree in a partition .....

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May 15 1978 (HC)

Adya Pd. and ors. Vs. Durga Ji and anr.

Court : Allahabad

Decided on : May-15-1978

Reported in : AIR1978All451

..... decided to make a local inspection and on that basis allowed the appeal. the privy council made the following observations with regard to the procedure adopted by the high court in that case.'but even if it had been tentatively carried out, it did not necessarily follow that the court ..... the railway company applied for review of the judgment before the trial court on the ground of discovery of some new facts. that application was rejected.11. fresh evidence was taken before the high court which differed from the trial court's judgment. no reason was given for admission of fresh ..... plaintiffs' second appeal in a suit for permanent injunction restraining the defendants from interfering with their possession over certain land described at the foot of the plaint.2. it was the admitted case of the parties that the land was appurtenant to house no. 320 of gopiganj bazar, pargana bhadoi, district ..... that the finding of the lower appellate court on these two questions of possession and limitation are clearly vitiated by the use which the learned civil & sessions judge has made of his observations, and the impressions gathered by him, at the local inspection.9. sri rajeshwari prasad then contended ..... entitled to the relief claimed and decreed the suit.4. the defendants appealed to the district court. the appeal was assigned to the court of civil & sessions judge, gyanpur. before the lower appellate court an application dated march 14, 1967 appears to have been made by the appellants for local .....

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Mar 14 1978 (HC)

Smt. Gurbachan Kaur Vs. Sardar Swaran Singh

Court : Allahabad

Decided on : Mar-14-1978

Reported in : AIR1978All255

..... from under any law for the time being in force', as i read that section, have reference only to the forum of appeal and the procedure to govern such appeals', (underlining is by me)the fact that, in view of the provisions of section 28 of the hindu marriage act, an ..... not only original decrees and orders but also appellate decree and orders. the preliminary objection against the maintainability of the second appeal was, accordingly, rejected. the fact that section 28 of the hindu marriage act is self-contained and that it contains an independent provision conferring a right of appeal also ..... am, therefore, unhesitatingly of the view that the present appeal is maintainable. the preliminary objection raised by the learned counsel for the respondent is, accordingly, rejected.11. i may, however, clarify at this very place that in reaching my conclusion recorded above, i have not taken into account the amendment of ..... implies that though the decrees under the act are by a statutory fiction treated for the purposes of enforcement as decrees under the code, they in fact are not such decrees. it was also not the intention of the legislature in my view while giving a ..... plaint, the proceedings starting with that application cannot be termed to be a 'suit'.8. having given my careful thought to the contention raised by the learned counsel for the respondent i regret my inability to accept it.9. in yudhisthir singh v. batauna devi (1962 all lj 432) a petition for divorce was filed before a civil .....

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Jan 05 1978 (HC)

Mani Kant Tiwari Vs. Babu Ram Dixit

Court : Allahabad

Decided on : Jan-05-1978

Reported in : AIR1978All144

..... the law as laid down by the privy council is more apposite to the facts of the instant case. the third contention of the appellant is accordingly rejected.14. so far as the fourth contention is concerned, it seems that paper no. 73-ka. 1 was the registered envelope which contained notice ext. a ..... laid down the law in reference to the construction of notice determining the tenancy. however, the same construction, to a large extent, will apply in construing the plaint allegations in the instant case. the supreme court in mangilal v. sugan chand : [1964]5scr239 approved of the law laid down in the said privy council ..... a point was made on behalf of the defendant-appellant that the dochhati and a portion of the verandah etc. were not specifically mentioned in the plaint as included in the defendant's tenancy. hence it was contended that the suit was only for a part of the tenanted accommodation and it was ..... not misled by the description given in the plaint and he could have never thought that his ejectment was sought only from a part of the tenanted accommodation and not from the entire disputed ..... and the inner verandah was such that it was not necessary that they should have been separately mentioned in the plaint. the boundaries of the disputed portion were given at the foot of the plaint and it has not been shown that there was any inaccuracy in the said boundaries. the tenant was certainly .....

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