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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1980 Page 1 of about 13 results (0.043 seconds)

Jul 14 1980 (HC)

Firm Devesh Kumar Viresh Kumar, Aligarh and ors. Vs. 5th Addl. Distric ...

Court : Allahabad

Decided on : Jul-14-1980

Reported in : AIR1981All15

..... of the code of civil procedure which was allowed by the impugned order by the learned v additional district judge, aligarh. the learned district judge allowed ..... wasnot maintainable and that the plaintiff had his remedy only by way of appeal against the order rejecting the plaint. aggrieved by that order, the plaintiff filed a revision under section 115 ..... 2 in which the petitioners were arrayed as defendants. the plaint was rejected by the trial court on the ground of insufficiency of the court-fee stamp. the plaintiff thereupon filed an application for recalling of that order under sections 148, 149 and 151 of the code of civil procedure. the said application was rejected by the trial court on the short ground that it ..... the revision and set aside the order passed by the trial court rejecting the application of the plaintiff. while allowing the revision, the .....

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Jul 10 1980 (HC)

indrasan Vs. Lucknow Nagar Mahapalika and ors.

Court : Allahabad

Decided on : Jul-10-1980

Reported in : AIR1981All193

..... , the plaintiff has filed this revision.2. i have gone through the impugned order. in my view the grounds on which the application was rejected are not tenable. under rule 1 of order xxxiii of the code of civil procedure, prior to its amendment, a person was deemed to be a pauper when he was not possessed of sufficient means to enable him to ..... pay the fee prescribed by law for the plaint in such suit. in the case in hand it was not shown that the plaintiff was possessed ..... have to pay should not be gone into, and he should be allowed to sue as a pauper. in the case in hand the court below fell in error while rejecting the application when there was no evidence that the plaintiff was possessed of sufficient means to enable him to pay the fee prescribed by law. the court below has thus .....

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Mar 17 1980 (HC)

Girja Shanker Singh and ors. Vs. Ram Singh and ors.

Court : Allahabad

Decided on : Mar-17-1980

Reported in : AIR1980All334

..... , it allowed the prayer made in application, paper no. 103 ka and rejected the defendants' request for declaring the suit to have abated. being aggrieved, the defendants have approached this court for relief under section 115 of the code of civil procedure. 5. the order passed by the learned munsif discloses that he has passed ..... deceased, is filed, even though it is not for bringing legal representatives on the record, an application under order 22, rule 4 of the code of civil procedure has undoubtedly been moved and no question of abatement of the suit arises. the heirs who are left out can, if necessary be impleaded as ..... been no abatement of suit as against udit singh. 8. i am unable to accept this submission. under order 22, rule 4 of the code of civil procedure, a suit abates against the deceased defendant if no application to bring on record the names of the heirs and legal representative of the deceased is ..... such application, the suit against udit singh abates and if so what is the effect of such abatement on the entire suit. 6. copy of the plaint has been placed before me and its perusal shows that according to the plaintiffs the defendant i.e. udit singh, his three sons (defendants nos. ..... sankatha singh and ravindra prasad singh for a mandatory injunction directing them to demolish a wall marked by letters ta-tha, and ta-ja shown in the plaint map. 3. during the pendency of the suit, defendant udit singh died in the year 1970, the heirs of the plaintiff babu nandan singh, who .....

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Jan 16 1980 (HC)

Surendra Nath Dubey Vs. Smt. Shakuntala Devi

Court : Allahabad

Decided on : Jan-16-1980

Reported in : AIR1980All136

..... , 1976 the plaintiff filed yet another application under order 15 rule 5 of the code of civil procedure alleging that as the defendant had failed to deposit the entire rent due from him on or before the first date of hearing, his defence should be struck off. the trial court rejected the said application vide its order dated 25th of november, 1976. it observed ..... , at the first hearing or before 16th of september,1976, arose. the defence of the defendant, therefore, could not be struck off under order 15 rule 5 of the code of civil procedure on the ground that the defendant did not deposit in court the amount towards rent or compensation for use and occupation of the premises in dispute which was admittedly due ..... district judge. the district judge allowed the revision application vide his order dated 24th of may, 1977. he pointed out that according to order 15 rule 5 of the code of civil procedure the defendant should have deposited the entire amount of rent or compensation for use and occupation admitted by him to be dueat or before the first date of hearing and ..... written-statement and for final hearing, on 19th of may, 1976 the defendant moved an application (12-d) praying that the plaintiff be directed to give a copy of the plaint to him and that he may be allowed to file a written-statement within a period of two months. the trial court allowed the application and fixed 16th of august .....

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Mar 11 1980 (HC)

Ramesh Chandra Vs. Gulab Rai and ors.

Court : Allahabad

Decided on : Mar-11-1980

Reported in : AIR1980All283

..... air 1940 pat 425. in our opinion these decisions lay down the correct law on the subject. we, therefore, hold that section 92 of the code of civil procedure is clearly applicable to the case.' 35. i am, therefore, satisfied that the temple is a public temple and the appellant was in the ..... authority,26. in view of the foregoing discussion, the argument that the suit under section 92, c.p.c., was not maintainable must be rejected.27. the question as to whether the temple is a public temple or a private temple is now being taken up. before dealing with the ..... of the properties belonging to the temple and his conduct disentitled him from continuing as pujari. the plaintiffs sought the following reliefs in the plaint:--'(a) that by removing the defendant from the management of the temple and its properties as detailed below the defendant be restrained from managing ..... hindu public of haldwani and other places had been regularly going there to worship and offer prayers every day and particularly on festivals. the plaint went on to add that immoveable properties belong to the temple, which had been donated and constructed by the hindu devotees from time to time ..... plaint for the settlement of a schema under section 92(1)(g), c.p.c. in the case of charan singh v. darshan singh : [1975]3scr48 it was observed as follows:--.'lord sinha delivering the judgment of the judicial committee of the privycouncil in abdul rahim v. abu mahomed barkat all shah, 55 ind app 96 : (air 1928 pc 16) rejected .....

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Nov 28 1980 (HC)

Smt. Sulochana Vs. Ram Kumar Chauhan

Court : Allahabad

Decided on : Nov-28-1980

Reported in : AIR1981All78

..... 7, have to be verified by the petitioner (or some other competent person) in the manner required by the code of civil procedure for verificaiton of a plaint. 12. the provisions of the code of civil procedure, as noticed earlier, are to regulate the proceedings under the hindu marriage act subject to the other provisions contained in ..... be claimed by the respondent to the petition as if the said respondent had made an independent petition for such relief. 10. under the code of civil procedure, 'pleading' means the plaint or written statement in rule 1 of order vi, and as provided in rule 2 (1) of the same order 'every pleading shall ..... in the petition is to be verified by the petitioner (or some other competent person) in the manner laid down for verification of the plaint in the code of civil procedure which is to regulate, as far as may be, the proceedings under the act subject to the other provisions contained in the act. ..... as the high court may make in this behalf, all proceedings under this act shall be regulat-ed, as far as may be, by the code of civil procedure, 1908 (5 of 1908).' section 23a of the act reads: '23a. relief for respondent in divorce and other proceedings-- in any proceeding for divorce ..... in every petition under this act shall be verfied by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.' section 21 of the act reads: '21. application of act 5 of 1908-- .....

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Feb 13 1980 (HC)

Sohan Lal and anr. Vs. Lala Mangi Lal and anr.

Court : Allahabad

Decided on : Feb-13-1980

Reported in : AIR1981All62

..... : (air 1963 sc 302)). it is not disputed that the law applicable to the present case is that contained in section 100 of the civil p. c. as it existed before the amendments made by the code of civil procedure (amendment) act, 1976. having closely examined the reasons given by the lower appellate court for believing the plaintiff's evidence and disbelieving the defendants ..... enmity between sonpal. d. m. 9, and the plaintiff was not such a fact or circumstance as made his evidence so highly improbable that the trial court could have only rejected it as unworthy of belief. indeed, the documentary evidence corroborates his statement and as observed above, the case of the loss of the blank promissory note and the receipt could ..... ,and obviously the notice could not have been given even before the date of the promissory note. if that date was wrongly given that has not been corrected in the plaint, although papers nos. 27-a-i arid 27-a-ii, do show that the two postal covers, one addressed to the first defendant and the other addressed to the second ..... the receipt in question forged thereon and filed the suit, on 24th aug., 1967, on the last day of the expiry of three years. although, it is alleged in the plaint that a notice dated 12th august, 1964 was given and was refused by the defendant that seems to be an impossible allegation because the date of the promissory note was .....

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Nov 20 1980 (HC)

Ram Gopal Vs. Man Chand

Court : Allahabad

Decided on : Nov-20-1980

Reported in : AIR1981All352

..... 15. the first point which thus calls for consideration in this case is whether the amendment of the plaint was properly allowed by the trial court. the rule prescribed by order 6, rule 17 of the code of civil procedure is short and simple. it provides that 'the court may at any stage of the proceedings allow ..... defendant-appellant on 17-3-1980 under section 39 read with section 40 of u. p. act no. 13 of 1972. that application is belated and rejected as such.28. in the result, the appeal succeeds and is allowed. the decree for ejectment of the defendant-appellant from the shop in suit is set ..... given in the month of february was lost sight of when it was given. the argument of the learned counsel that one month meant 30 days was rejected. from a reading of the whole judgment in that case which was given on a review petition, it appears that the tenant's appeal had been ..... dated 10th april, 1967, which reads as under.-'this is a suit for possession and rent. the plaintiff has moved 11a1, application for amendment of the plaint on the grounds that some mistakes had been made in the issue of notice. this application has been contested by 12c2 objection of the defendant stating that ..... the shop on its basis.6. after the defendant had filed his written statement the plaintiff moved an application dated 18th january 1967 for amendment of the plaint stating therein that he was ignorant of court proceedings and had got the notice under section 106 of the transfer of property act written at baraut, .....

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Nov 20 1980 (HC)

Malkhan Singh Vs. Raghubir Singh

Court : Allahabad

Decided on : Nov-20-1980

Reported in : AIR1981All96

..... was considered by the lower appellate court in the light of the circumstances and evidence on the record and the submission made by the learned counsel for the appellant was rejected by the lower appellate court. the case of blank paper having been set up by the appellant himself in the evidence which was led before the trialcourt and the said ..... and babu lal. this was the own case of the appellant which was argued by his counsel before the trial court. both the defences set up by the appellant were rejected by the trial court and it was held that the agreement of sale was executed by the appellant voluntarily after having taken a sum of rs. 11,000 as consideration ..... appellate court. in any case since this question was a pure question of law. i permitted the learned counsel to argue on this question. 9. in paragraph 4 of the plaint it has been specifically averred by the plaintiff-respondent as follows:-- 'that the plaintiff has been and still is ready and willing to specifically perform the contract on his part .....

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Jul 10 1980 (HC)

Tej Bhan Madan Vs. 2nd Additional District Judge, Allahabad and ors.

Court : Allahabad

Decided on : Jul-10-1980

Reported in : AIR1980All320

..... . the learned district judge concurred with the findings given by the trial court and dismissed the plaintiff's suit. the defendant thereupon filed a revision under section 115 of the code of civil procedure in this court which was dismissed on 18-7-79 on the ground that the same was not maintainable. thereafter, the petitioner filedthis petition.8. having heard learned counsel ..... attorned to gopi nath agrawal by trying to demostrate that the attornment was as the result of fraud and misrepresentation practised by gopi nath agrawal. both the courts below have rejected this plea, which is undisputably purely one of fact. counsel for the petitioner made no attempt to show that the said finding of the courts below is wrong.16. the ..... has been affirmed by the learned district judge by an order dated 26-8-1976. this writ petition is directed against the aforesaid decree and order.2. shortly stated, the plaint case was that one gopi nath agrawal was the landlord of the premises in question and the petitioner was his tenant. by means of a sale deed dated 3-1 .....

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