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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1985 Page 1 of about 17 results (0.066 seconds)

Dec 19 1985 (HC)

Surendra Nath and anr. Vs. Mahendra Pratap Singh

Court : Allahabad

Decided on : Dec-19-1985

Reported in : AIR1986All290

..... the foot as required by order vi, rule 15 of the code of civil procedure. i do not agree with the submission. order vi, rule 15 does not mean that the verification should have been done at the foot of the plaint, without any gap, and that should be written in continuity ..... constituted a defect of substantial character under sub-section (4) of section 36, on ground of which the returning officer was fully justified in having rejected the nomination papers of the petitioner no. 1.11. lastly, sri srivastava argued that though in the written statement, the respondent denied the certified ..... in the nomination paper. hence as per chapter vi para 1 j (xiii) in the handbook for returning officer the nomination paper is hereby rejected.'the form of the nomination papers, which is form 2-b, is reproduced below :--nomination paper 'election to the legislative assemblyof.............. (state)i ..... of electoral roll and photostat copy of the high school certificate having been filed with the nomination forms, was inserted after the scrutiny and rejection of the nomination forms. it is averred that the failure to specify age in the nomination forms constituted a defect of substantial character within ..... to rectify the mistake; that the petitioner no. 1 having been fully qualified to contest the election and his nomination forms having been illegally rejected by the returning officer, the election of the respondent deserves to be declared as void.3. the respondent filed his written statement denying the .....

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Jan 30 1985 (HC)

Sri Kant Vs. Bansraj Singh

Court : Allahabad

Decided on : Jan-30-1985

Reported in : AIR1986All5

..... attention was invited to order 22, rule 4, c.p.c., which provides that on the death of one of several defendants or the sole defendant procedure laid therein has to be followed to bring legal representatives of the deceased defendant on record so as to proceed with the suit. under order 22, ..... 1970. an application for substitution of his heirs was filed by janki prasad along with an application under section 5, limitation act. this application was rejected on 10-3-1971. thus this appeal abated in 1970. that appeal also related to shops in dispute. these appeals were also directed against the decree ..... 1924 they based their title as they alleged to be the nearest reversioners of bal kishan, the last male holder. pedigree was also laid in the plaint.5. initially there were 108 defendants who contested the suit on various grounds which are not necessary to be detailed for the disposal of this revision ..... the same judge in execution case no. 13 of 1984. objections preferred by judgment-debtor-revisionists were repelled by the impugned order drawn by learned addl. civil judge, bulandshahr. both these execution cases arose out of original suit no. 83 of 1933.3. suit no. 83 of 1933 was filed by predecessor ..... abatement takes place automatically and is not postponed till the order of the court to that effect 20. order 22, rule 9 of the aforesaid code, provides for the effect of abatement or dismissal.the contention was that there was no prayer on behalf of decree-holder to set aside that abatement .....

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Jul 30 1985 (HC)

Kabul Singh and anr. Vs. Ram Singh and ors.

Court : Allahabad

Decided on : Jul-30-1985

Reported in : AIR1986All75

..... (see n. shanmukham chetty v. m. govinda chetty : air1938mad92 ; tirumalai devasthanams v. udiavar krishnayya shanbhaga air 1943 mad 466 (fb); sugra bibi v. hazi kummu mia : [1969]3scr83 and mulla : civil procedure code (13th edn). vol. 1, p. 400). a suit whose primary object or purpose is to remedy the infringement of an individual right or to vindicate a private right does not ..... or that the board of management is non-existent. the respondents-plaintiffs can really speaking have no grievance against the rejection of their application made for amendment; the reason is that in case the averments sought to be introduced in the plaint were also incorporated through amendment, it would have been clearer still that the suit is aimed at resolving the conflict ..... without admitting that there was a public trust of religious character created by the maharaja of tehri garhwal as the respondents contend, the suit could not lie under section 92, civil p.c. because it is in essence for vindication of individual or personal rights of certain persons. secondly, the temples-board of management, constituted under the agreement dated jan. ..... now exercised by the aforesaid board of management. the right of the plaintiffs to maintain the action under section 92 civil procedure code was thus refuted. 7. the learned district judge, tehri garhwal who decided the suit found that for purposes of section 92, civil p.c., it is not necessary that there be a case of admitted public trust of religious or charitable .....

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Nov 18 1985 (HC)

Shyam Lal Rawat Vs. Ram Lal and ors.

Court : Allahabad

Decided on : Nov-18-1985

Reported in : AIR1987All32

..... observed in the case of hardwari lal v. kanwal singh, air 1972 sc 515 that since an election petition has to be tried in accordance with the code of civil procedure, in view of section 87 of the act, it is liable to be dismissed like a suit which does not furnish a cause of action. this election ..... and 44 are general and the election petition cannot be continued on their basis.44a. order vii, rule 11, c.p.c. lays down that a plaint shall be rejected where it does not disclose a cause of action. it was held in the case of madan lal v. zargham haider, air 1958 all 596 that ..... case.42. the petitioner argued on the mathematical proposition and claimed that there was a margin of 1468 votes only against the winning candidate and if wrongly rejected votes or the votes of the dead persons etc. are to be calculated, he would certainly win. but any case for recounting is not made out ..... in which case the stage when a recounting has to be ordered has been detailed and it has been held that a ballot paper should not be rejected while the election personal has to be fair. all this has nothing to do with the present election petition.40. he referred to the case of ganesh ..... and it is no allegation against the winning candidate. further, it has not been specified that after all how the petitioner claimed that those ballot papers were rejected. so, this allegation is vague.18. in the schedules imaginary figures have been given which were based on speculation. any number of ballot papers is not given .....

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Mar 13 1985 (HC)

Bhagauti Prasad Khetan and Etc. Vs. Laxminathji Maharaj and Etc.

Court : Allahabad

Decided on : Mar-13-1985

Reported in : AIR1985All228

..... worshipper having right to represent the deity can represent the deity without any specific order from the court about his appointment. there is no definite procedure laid down in the civil p.c. relating to suits on behalf of idol. the provisions of order 32 c.p.c. which relate to minor do not ..... through their guardians dedicated to the deity considerable properties situated at deoria uttar pradesh and various other places, detailed in schedule a at the foot of the plaint by executing a deed of endowment on 1-2-1919. ram bilas managed the dedicated properties and affairs of the temple till his death in the ..... 21-6-65 for rs. 5,500/-. he was therefore, subsequently impleaded as defendant 10a. these two houses are given in schedule b annexed to the plaint. the two sale deeds were challenged in the suit on various grounds. the defendants gajanand and 3 others constitute 3rd set. they are tenants of the ..... to the endowment when the alienating shebait ceases to be manager by reason of death, retirement or otherwise.'42. similarly in h.s. gour's hindu code 1980 edition vol. iv at page 346 the legal position has been explained in the following words :'an alienation of such property, made by its manager ..... and not being for any one of the reliefs found in section 92 c.p. code. the suit therefore falls outside its purview and is not barred. thus the suit does not appear not maintainable in view of section 92 civil p.c. also.23. the first argument of the learned counsel for the appellants, .....

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May 21 1985 (HC)

Kuri Lal Rungta Vs. Smt. Banarsi Devi and ors.

Court : Allahabad

Decided on : May-21-1985

Reported in : AIR1986All94

..... k.n. misra, j.1. this first appeal under section 96 of the code of civil procedure (for short the code) is directed against the judgment and decree dated 24-8-1978 passed by civil judge, gonda decreeing the plaintiff's suit with costs.2. briefly stated, the facts of the case are that the plaintiffs filed ..... learned counsel also referred to various adjournment applications moved by the defendant on earlier hearing in the suit and contended that the learned court below rightly rejected those applications for adjournment as there was no just and sufficient cause for adjournment and the defendant had been adopting dilatory tactics to prolong the ..... :--1. whether the defendant is personalty liable to pay the debt in question, besides the lien on the shares of the defendant, alleged in the plaint.2. whether the defendant is not personally liable and the plaintiff is entitled only to get transferred the said shares or to sell them as alleged ..... who are heirs and successors of the creditor deceased baij nath rajgariya, have given the details of payment made by the defendant in para 4 of the plaint and it is stated that the interest up-till 31st october, 1965 has been paid. the defendant had issued cheque no. 002766 of rs. 2, ..... rate of interest of 9 per cent per annum. the interest was payable at every three months. it was averred in para 1 of the plaint that the defendant had pledged certain shares to sri baij nath rajgariya as security for the payment of the loan amount. an agreement is said to .....

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Feb 28 1985 (HC)

Khaderan Ram and ors. Vs. Sharda Prasad and ors.

Court : Allahabad

Decided on : Feb-28-1985

Reported in : AIR1986All34

..... act and section 151, c.p.c., was moved it was this application which on the contest put forward by the opposite parties was rejected by the [earned civil judge. the allegations in the petition for appointment of the receiver were that mashal talkies, situate in bhadohi, district varanasi, was a partnership firm ..... mathur, j.1. this revision is directed against the judgment and order dt. 17-9-1984, passed by sri m.r. siddiqui, civil judge gyanpur, district varanasi, whereby he has rejected an application for appointment of the receiver in misc. case no. 26 of 1984. this application was moved by khaderan ram and others, ..... as notice to dissolve and the dissolution will date from its service. in the case of sathappa v. subrahmanyam , it was held that filing of plaint in a suit for dissolution by one partner and service of summonses on all other partners is enough to put an end to the partnership at will, ..... peshawar 18 again reference of the old civil procedure code, 1908 schedule 2, paras 17 and 20 was made and it was held that ..... pat 161, it was held that an application under para 17(1) (of the old civil procedure code) was not a suit and proceedings commenced by presentation of such an application cannot be deemed to have been commenced on a plaint. in 1933, in the case of bhimaram v. bhagat thakardas tikken lal, air 1933 .....

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Apr 16 1985 (HC)

Smt. Gayatri Devi Vs. Om Prakash Gautam and ors.

Court : Allahabad

Decided on : Apr-16-1985

Reported in : AIR1985All356

..... . 22,270/-. the petitioner applied on 26th may, 1977, for amendment in the plaint seeking to add the relief for specific performance in his favour. the application was rejected by the trial court on 24th sept. 1977. civil revision no. 3049 of 1977 filed by the petitioner against this order was dismissed by ..... the amendment necessary to determine the real question in controversy between the parties must be made. this apart, 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 ..... knowledge, there arose no case for perjury to make it expedient to direct prosecution of the petitioner for offence under section 193 of the penal code on this account. this part of the direction is also, therefore, liable to be set aside. 18. for the discussion made in the above ..... uncalled for. 17. learned additional district judge moreover directed the trial court to complain against the petitioner for offence under section 193 of the penal code. it has been observed in this connection by the revisional court that in the application 105-c for amendment the petitioner verified para 2(e) ..... petitioner trespassed on 23rd sept. 1980, for which there was a criminal case instituted against him for offence under section 448 of the penal code and proceedings also taken under section 145 of the criminal p.c. in which the land was attached by the magistrate on 21st oct. 1980 .....

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Mar 01 1985 (HC)

Director of Railway Movement (Coal) Eastern Railways, Calcutta Vs. Aka ...

Court : Allahabad

Decided on : Mar-01-1985

Reported in : AIR1985All314

..... lime of allotment depending on the demand for wagons being in excess of their availability. the petitioner has appended annexure '3' to the writ petition which explains the purpose and procedure for preferential clearance of coal from colliery sidings under higher priority 'c' of the preferential traffic schedule. in viklad coal merchant, patiala v. union of india (1984) 1 scc 619 ..... committed illegality in arriving at the impugned decision and, according to him, this renders the decree a nullity. the illegality referred to is that the case set up in the plaint was in respect of the year 1977 alone but the court granted declaration/injunction in perpetuity though subject to certain conditions but without the suspension directed on july 5, 1977 ..... unreasonable, or (c) is levying any other charge which is unreasonable. none of these covers the grievance such as agitated by the concerned respondents herein. a close perusal of the plaint in original suit (which is annexure i to the petition) shows that these respondents nowhere challenged the preferential traffic schedule framed under section 27a, they, on the contrary, made an ..... the subordinate judge. against this rejection the petitioner moved the high court under article 227 which dismissed the same on merit.23. the supreme court re-affirmed the well established rule that there can be no certification of an adjustment between the decree-holder and the judgment-debtor under order xxi rule 2 civil p.c. after an auction sale is held .....

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Feb 06 1985 (HC)

islamia Junior High School and anr. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Feb-06-1985

Reported in : AIR1986All92

..... to restrain any auction intended to be made or, the effect of any auction made, by the government. therefore, where from the averments of the plaint it appears that temporary injunction asked for amounts to restraining the holding of any auction or giving effect to the same, it would follow that no temporary ..... court, it granted leave as contemplated under sub-section (2) of section 80, civil p. c. on feb. 24, 1983. an application for temporary injunction was also made by the petitioners before the trial court; this was, however, rejected. against this rejection, the petitioners preferred an appeal. in the course of hearing of the appeal ..... temporary injunction can be granted in such a case, it should follow, in my opinion, that the service of notice under section 80(1) of the code could not be dispensed with by leave of the trial court.5. for the reasons given above, the petition fails and is dismissed accordingly. there will ..... in that appeal respondent no. 5 had objected to the effect that the suit was defective for want of notice under section 80(1) of the code. it does not appear to me that this objection, even though raised at the appellate stage in the proceedings arising out of the refusal to grant ..... c., as amended in uttar pradesh, temporary injunction cannot be granted, it is incumbent upon the trial court to grant leave under section 80(2) of the code dispensing with the service of notice under sub-section (1) of section 80. a perusal of sub-section (2) of section 30, c.p.c. .....

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