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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1984 Page 1 of about 12 results (0.102 seconds)

Jul 19 1984 (HC)

The Punjab National Bank Vs. Lalji Tandon

Court : Allahabad

Decided on : Jul-19-1984

Reported in : AIR1984All381

..... which was rejected by the impugaed order. 4. i have heard learned counsel fur parties and perused the record. 5. a preliminary objection was raised before me on behalf of plaintiff that the impugned order was not revisable in view of the proviso appended to section 115 of code of civil procedure which reads ..... in the plaint. 8. learned counsel for revisionist relied upon rama shanker tiwari v. mahadeo. reported in 1968 all lj 109 (fb) where it was held that an order allowing or refusing an amendment was a 'case decided' within the meaning of explanation of section 115 of code of civil procedure. 9. ..... all lj 896). it was held that the order of munsif refusing to allow amendment of plaint did not occasion failure of justice and so was not revisable. the reasons given by learned munsif for rejecting the said amendment disclosed that it was not simply a case of an innocent addition of ..... damages caused to the building was not cognizable by small causes court, the proper course for the court was to direct the return of plaint for presentation to the proper court. he should not have usurped the jurisdiction of the court on regular side nor he could have allowed ..... revision is directed against order dated 14-10-198.1 recorded by sri dinesh chandra, learned iiird additional district judge, allahabad allowing the application for amendment of plaint in original suit no. 8 of 1983, lalji tandon v. punjab national bank. 2. it appears that plaintiff sri lalji tandon filed the aforesaid suit .....

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Jul 23 1984 (HC)

S.K. Agarwal and Company and ors. Vs. Sailesh Chand Agarwal and ors.

Court : Allahabad

Decided on : Jul-23-1984

Reported in : AIR1984All293

..... below refused this portion of the leave to amend without any application of mind. 15. moreover, according to the proviso appended to section 115 of code of civil procedure, the impugned order did not finally dispose of the suit or proceeding nor if such order is allowed to stand, would occasion a failure of ..... the amendment introducing entirely different new case and seeking to displace the plaintiff completely from admissions made by them in the earlier written statement were liable to rejection. 14. this ruling has not been dissented from in any subsequent authority. in the instant case. i find that the revisionist wanted to throw ..... under order x rules 1 and 2 c. p. c. or in their additional written statement or in the application for leave to amend the plaint filed earlier. revisionist no. 1 is an educated person and well advanced in age as laid in the objection. by the proposed amendment which is belated ..... case were as under :-- the plaintiff's suit was for a decree for rs. 1,30,000/- on the cause of action as laid in the plaint. the suit was instituted sometime in the month of may 1971. the defendants filed written statement. two paragraphs of the written statement contained additional pleas. paragraph ..... as below:-- 'where a suit for recovery of money due under a promissorv note was filed by a firm through a partner, the amendment of plaint on ground that the partnership firm already stood dissolved on the date of filing the suit and that the suit is instituted by one of the .....

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Jul 30 1984 (HC)

indu Engineering and Textiles Ltd. Vs. Commissioner, Agra Division and ...

Court : Allahabad

Decided on : Jul-30-1984

Reported in : AIR1984All334

..... of prescribed period in certain cases -- any appeal or any application, other than an application under any of the provisions of order xxxi of the code of civil procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the ..... of the act. unless otherwise expressly provided by or under this act, the provisions of the indian court-fees act, 1870 (vii of 1870), the code of civil procedure, 1908 (v of 1908) and the limitation act, 1963 including section 5 thereof shall apply to the proceedings under this act.'section 5 of the ..... the additional collector but before it was confirmed by the collector on 11-2-1980. the objection filed by the u. p. financial corporation was rejected by the additional collector on 2-2-1980. it appears that another objection was filed but no action was taken on it. the u. p. ..... date of sale if no such application as is mentioned in rule 285-h or rule 285-1 has been made or if made is rejected by the collector or the commissioner, the commissioner shall pass an order confirming the sale after satisfying himself that the purchase by the bidder would ..... including the plant and machinary standing thereon, and not only the land and the building of the factory. it was submitted in this connection that the plaint and machinery of the factory embedded to earth constituted immovable property, and were rightly sold.17. learned counsel for the respondents, on the other hand .....

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Feb 08 1984 (HC)

Baljit Singh (deceased by L.R's) Vs. J.i. Cunnington and Ors.

Court : Allahabad

Decided on : Feb-08-1984

Reported in : AIR1984All209

..... act, 1908 read as under: 181. applications for which no period of limitationis provided elsewhere in this schedule or by section 48 of the codeof civil procedure, 1908.there yearswhen the right to applyaccrues.the corresponding article 137 in the new limitation act, 1963 reads:137. any other application for which noperiod ..... elapsed between oct. 28, 1936 (the date of the application under section 4 (1)) and february 21, 1959 (the date when this application was rejected). i put this to the respondents' learned counsel who frankly stated that in the act, there is no provision extending the benefit of exclusion of this ..... 1957 from the decree-holder. the application under section 4 of the u. p. encumbered estates act, 1934 (hereinafter referred to as the act) was rejected on february 21, 1959. the application made under order 34, rule 5 (3) c. p. c. was opposed by the appellant on the ground that ..... 'landlord' and 'land' in section 2 referred to above. that will cover only the zamindari interest mortgaged as specified in schedule 'a' of the plaint. this does not extend to bungalow or the trees, standing on the 'compound thereof, since the mortgagor was evidently not the landlord vis-a-vis that ..... in the case down municipal council, athani : (1969)iillj651sc to the effect that article 13y governs applications under the code alone was overruled. it is settled that an application under the civil p. c. was governed by article 181 of the old act. it is clear also moreover that for purposes of .....

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Jul 12 1984 (HC)

Waqf Masjid PindaIn and ors. Vs. Athar HusaIn Haidri and anr.

Court : Allahabad

Decided on : Jul-12-1984

Reported in : AIR1985All100

..... the same matter was involved and as the tribunal was the only competent authority to decide such disputes and the civil suit was barred by the provisions of the said act the plaint was rightly rejected and later ordered to be returned for presentation to proper court or tribunal, the contention of the appellant no ..... judge. it is also apparent that the learned special judge substantially agreed with the findings recorded by the learned munsif but felt that instead of rejecting the plaint it should have been returned for presentation to the proper court and accordingly the decree was modified to this extent. it will also appear ..... not a question of confusion or wrong advice. rule 10a of order vii prescribes this procedure which has been followed in this case. the contention of the learned counsel that the plaintiffs never intended to get the plaint back and file it before the tribunal cannot be accepted because the application makes it abundantly ..... order could lie even though the order returning the plaint was passed not by the trial court but by the first appellate court. the same clause (a) of rule 1 of order xliii however also contains an exception laying down that where the procedure specified in rule 10-a of order vii has ..... been followed, an appeal against the order would not lie under order xliii.6. rule 10-a reads as below : --'10-a. power of court to fix a date of appearance in the cout where plaint is to be .....

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Dec 19 1984 (HC)

State of U.P. and anr. Vs. Jaya Shree Textile and Industries Ltd. and ...

Court : Allahabad

Decided on : Dec-19-1984

Reported in : AIR1985All212

..... 4-4-1981 by sri kripa shankar iii addl. civil judge kanpur in original suit no. 144 of 1977 by which he rejected the application paper no. 22 kha 1 of plaintiffs under order 6, rule 17 of the civil p. c. for amendment of the plaint and upheld the objection of respondents paper no. 24 ..... the defendant related to that period prior to its amalgamation. so in order to avoid any legal complication the plaintiff was seeking amendment to the plaint.37. it is notable that the liability of defendant was not under law of tort but under law of contract and the court has to ..... representatives on the date of application for impleading them as legal representatives. a decree was passed against these new defendants'it was held :'that the plaint could be considered as freshly instituted against the new defendants on the date when the application for impleadment was filed and hence the decree could not ..... observed : --'the section confers a general power to amend defects in a proceeding and so when a suit is filed against a dead person the plaint can be amended to substitute the legal representatives of the deceased. therefore, when a money suit is filed against a dead sole defendant and the death ..... out correctly the capacity of the plaintiff suit.'it was further observed at page 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 02 1984 (HC)

Bharat and ors. Vs. Ram Pratap and ors.

Court : Allahabad

Decided on : May-02-1984

Reported in : AIR1985All61

..... taken to have been passed granting the composite prayer made in the application under order 23 rule 1(2) of the code, under which an order either allowing the application in toto or rejecting it in toto, could alone be legally passed by the court. therefore, when an application moved under order 23 rule 1 ..... that order dated 28-9-1967, passed by the munsif, north sultanpur in earlier suit allowing the application for withdrawal cannot be construed to be one rejecting the prayer for filing fresh suit but it has to be construed to be onegranting the composite prayer contained in the application for withdrawal of the suit ..... possession of the plaintiff over his portion of land of ahata marked by letters' na' ka' 'sa' and 'da' in the site-plan annexed to the plaint. the plaintiff, thus, pleaded for the relief of permanent injunction restraining the defendants from interfering with his possession over the disputed sariya and the appurtenant land.4. ..... prakash (1932) 135 ic 160, the learned single judge of this high court held that' where a party applies under order 23 rule 1(2), civil pc for leave to withdraw a suit with liberty to bring a fresh suit it is for the court either to allow the application as a whole or ..... appellant had filed a suit no. 239 of 1964 for declaration against the defendant-respondents and in that suit an application under order 23 rule 1(2) civil pc (for short c.p.c.) (as it stood prior to its amendment) for permission to withdraw the suit with liberty to file a fresh .....

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Jan 31 1984 (HC)

Jaipur Udyog Ltd. Vs. Indian Drugs and Pharmaceuticals Ltd. and anr.

Court : Allahabad

Decided on : Jan-31-1984

Reported in : AIR1984All305

..... the railway receipt was to be sent to the consignee by post and despatch was to be communicated telegraphically or by express letter. the consignee had the right to reject the timber at the place of destination. on proof of despatch. 90 per cent of the price was to be payable and the balance on the receipt of ..... took the view that the jurisdiction to entertain and try the suit was with the cawnpore court and the order of the judge. small cause court. cawpore returning the plaint for presentation before the courts at bombay was incorrect. banerji, j. who decided the case observed as follows :--'it is true that the charges were to be ..... it on account of the failure of jaipur udyog limited to do so has assailed in this revision under section 115 c. p c. the order passed by the civil judge, dehradun on aug. 4. 1979 negativing the obiection to the jurisrdiction of the court at dehradun to try the suit. m/s. bharat overseas (p) limited ..... udyog (p) limited. his submission is that on admitted facts the court at dehradun had no jurisdiction to entertain or try the suit and that the learned civil judge was in error in holding otherwise. sri rajesh tandon has appeared for the plaintiff idpl and has supported the order of the ..... civil judge.4. the admitted facts, according to sri chaudhary are that the offices of both the companies, namely, the idpl and m/s bharat overseas (p) .....

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Jan 16 1984 (HC)

Anwarul Haq (Deceased by L. Rs.) Vs. Nizam UddIn (Deceased by L. Rs.) ...

Court : Allahabad

Decided on : Jan-16-1984

Reported in : AIR1984All136

..... . this appeal is directed against the judgment and decree of the second temporary civil & sessions judge, azamgarh dated aug. 23, 1969.2. the defendant no. 1 was the bhu-midhar of the land specified at the foot of the plaint. on oct. 29, 1963 he entered into an agreement in writing to sell ..... by both the courts below. there is no perversity shown to exist in relation to these findings. in view thereof these contentions have to be rejected.6. sri s. n. verma learned counsel for the appellants has contended chiefly, however, that there has been no compliance to the mandatory requirement ..... rule of pleading, this has for its oblect the advance of cause of justice and it is not intended to short circuit decision on merits. it is procedural, something designed to facilitate iustice and further its end not a penal enactment see smt. dipo v. wassamsingh : [1983]3scr20 ; kalipada day v. ..... v. palakdhari (1983 all wc 737) that the court in suitable cases should look into the totality of circumstances and the allegations made in the plaint and from them come to a conclusion whether necessary allegations have been made by the plaintiff in that regard. no particular language or phraseology need be ..... allegations. unless the court were to resort to a strait jacket formula which the supreme court deplores, it seems difficult to accept that the plaint does not disclose the cause of action for the relief of specific performance.15. for the foregoing discussion theappeal fails and is dismissed with coststo .....

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May 14 1984 (HC)

Ved Prakash Gupta Vs. Shishu Pal Singh

Court : Allahabad

Decided on : May-14-1984

Reported in : AIR1984All288

..... . (supra) accordingly does not assist the appellant.19. learned counsel then contended that the suit was liable to be dismissed on the ground that there was no averment in the plaint that the plaintiff was and had ever been ready and willing to perform his part of the contract. para 10 of the ..... plaint clearly states that the plaintiff was and has ever been ready and willing to perform his part of the contract. the trial court after considering the evidence on record recorded ..... record docs not suggest that the plaintiff was not and had not been ready and willing to perform his part of the contract. the contention accordingly lacks force and is rejected.20. the appeal fails and is dismissed with costs. .....

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