Court : Allahabad
Decided on : Aug-22-1990
Reported in : AIR1991All89
..... a. no. 18(0) of 1989) for rejection of the plaint. we may, however, make brief observation on the plea.37. the aforesaid application was made under o. vii, r. ii of the code of civil procedure, 1908. from the order dated 23rd october 1989 it appears that rejection of the plaint was pressed on the following grounds:--i) that ..... the relief of declaration claimed in cl. (a) of para 24 of the plaint was barred by the limitation of six years prescribed by ..... lop-sided trial of the suit. this observation of their lordships now finds statutory recognition in sub-r.(l) of 0. 14, r. 2 of the code of civil procedure reproduced hereinabove. according to this sub-rule normal rule is to decide all the issues together. sub-r. (2) carves out exception to this normal rule ..... should not be decided as preliminary issues even if they fall within the ambit of els. (a) and (b) of r. 2 of 0.14 of the code of civil procedure.33. in major s. s. khanna v. brig. f. j. dhillon : 4scr409 their lordships have : (1963 all lj 1068) observed that normally all ..... preliminary issue is to be decided by this court. there is no direction either way from their lordships.10. 0.14, r.2 of the code of civil procedure as it stood prior to the amendment made in the year 1976 read as follows:--'r. 2. where issues both of law and of fact arise .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-16-1990
Reported in : AIR1991All291
..... question that requires consideration is regarding the effect of o.9, r. 9, o. 23, rules 1 and 3 and o.2, r. 2 of the code of civil procedure on the rights of the plaintiff. however, before taking up these points for consideration it will be necessary to have a few facts on which entire argument is ..... came into existence. defendants nos. 4 to 17 do not set up any right in the alternative for possession. the title of hira lal has already been rejected. the plaintiff's consistent stand has been that there exists no relationship of landlord and tenant between them. that being so, it is manifest that plaintiff's ..... its owner. plea of res judicata was also raised on the ground that some other suit no. 1339 of 1964 had been dismissed. no document such as plaint, written statement, issues or judgment of suit no. 1339 of 1964 have been placed on record and, therefore, no plea of res judicata due to dismissal ..... was gifted by her on 30-7-1963 to the plaintiff. ever since the plaintiffs claim to be continuing in possession thereof as absolute owner. the plaint case was that heirs of heera lal had no right to transfer the property under sale deed dated 2-9-1966 to ram prasad and virendra kumar who ..... a minor son heera lal. on 1-4-1910 gaura bahu purported to gift the property to hira lal claiming herself to be its rightful owner. the plaint allegation was that the property being ancestral in the hands of bholey, gaura bahu inherited only widow's interest therein and could not bestow full rights to .....Tag this Judgment!
Court : Allahabad
Decided on : May-25-1990
Reported in : AIR1990All188; (1990)2UPLBEC1110
..... shall be indicated by the district judge, aforesaid, to rachpal singh. in addition, the learned district judge, in accordance with sec. 340 of the criminal procedure code, 1973, shall take sufficient security for the appearance of rachpal singh before the chief judicial magistrate.56. a copy of this judgment will be sent to ..... on our subordinate judiciary that it is either not competent to consider such injunctions or, not to be trusted in granting them. the rejection of it seems to suit the spirit of this legislation. the sooner this amendment as is applicable in this state is recalled, the faith ..... 15 oct., 1988, impugned in the writ petitions nos. 20871, 21141 and 20869 all of 1988 and the order of the in charge, district judge in civil misc. petition no. 53 of 1988, guru narain singh v. rachpal singh, dated 4 november, 1988 impugned in the writ petition no. 21141 of 1988. ..... the district judge comes to the conclusion that rachpal singh or any other person in the proceedings before him has also violated those provisions of the code upon which the collector will submit a report, then every such person shall also form part of the complaint which the district judge shall draw ..... election petition is pending to draw up charges against rachpal singh for having committed a crime against public justice under chapter xi of the indian penal code. the record of all the aforesaid writ petition will be available to the district judge as certified copies, in the nature of photocopies. should the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-08-1990
Reported in : AIR1991All13
..... was some difficulty in the working of the firm and the landlord permitted the petitioner to continue as tenant. even in view of the allegations in the plaint tenancy was created in favour of singhania & sons pvt. ltd. on different dates and in respect of flats nos. 1 and 2 of the same premises ..... on the third floor of the same building. in such a situation there are certain relevant provisions of the civil p.c. (for short the code) which require consideration.5. order 2, rule 1 of the code providesthat every suit shall, so far as practicable, be framed so as to afford ground for final disposal upon ..... the present petition under art. 226 of the constitution of india the order dated 15-7-1989 passed by the district judge, kanpur nagar, rejecting the application filed by the petitioner for dismissing the suit filed by respondent no. 2 for ejectment and arrears of rent as in the said ..... 2 to the same tenant by the same .landlord and enhancement of rent on different dates. hence in view of rule 2, order 2 of the code the law requires the plaintiff respondent to frame his suit so as to afford ground for final decision of the subjects in dispute and to prevent further ..... the subject in dispute and to prevent further litigation concerning them. even though the expression 'subject in dispute' has not been defined in the code, but for our purposes it refers to the alleged claim by one party against the other with reference to particular local relief or transaction between the parties. .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-1990
Reported in : AIR1991All129; (1991)1UPLBEC355
..... is in thiscontext the aforesaid findings were recorded. it is no doubt well settled, the arbitration act is a self-contained exhaustive code and it provides for all the procedure right from the stage of filing of the arbitration agreement to the stage of setting aside of an award u/ s. 33 ..... best a privilege and there is no question of any enforceable right granted in favour of one claiming to be selected. this case merely rejected petitioner's challenge to the selection of someone else in preference to him. since the petitioner claimed to be belonging to the place where ..... which the corporation came to know about criminal proceedings initiated against the petitioner. thereafter, on the 7th march, 1986, the a.d.m. (civil supply) directed the hathras gas agency to undertake the distribution of gas cylinders of the petitioner, which was seized. this order was amended on 24th ..... and the munsif issued interim injunction in their favour. on appeal, the appellate authority set aside the said injunction. the petitioner then filed a civil revision. however, in view of a full bench decision of this court revision was not maintainable, the petitioner thereupon filed the writ petition. it ..... which, it was held :--'.....simultaneous reliefs in two forumscannot be availed of. on the date, the petition was filed, the suit was pending in the civil court. the petitioners, cannot, therefore, pursue this writ petition merely because they have withdrawn the suit.'in this case, the petitioners filed a suit .....Tag this Judgment!