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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1991 Page 1 of about 10 results (0.031 seconds)

May 02 1991 (HC)

Governing Council of Kayastha Pathshala, Prayag and Others Vs. Ram Cha ...

Court : Allahabad

Decided on : May-02-1991

Reported in : AIR1992All158

..... filed before the expiration of the period of notice contemplated by section 80, there is no alternative for the court to reject the plaint under order 7, rule 11 (d) of the code of civil procedure.'in this case there was no dispute that the suit was within court's jurisdiction.15. in arjun singh v. ..... union of india, air 1987 delhi 165, the court was dealing with an order rejecting the plaint under order 7 rule 11(d). it was held :'normally, a plaint has to be rejected not ..... the court in which the suit should have been instituted.....'similarly the relevant portion of rule 11 of order 7 of the code is in the following terms :'11. rejection of plaint.the plaint shall be rejected in the following cases :(a) where it does not disclose a cause of action :(b) where the relief claimed ..... devji v. patel jivraj manji : air1988guj182 , a suit had been filed without serving the statutory notice. the plaint was accordingly rejected by the trial court under order vii rule 11(d) of the code. in appeal the power of the court under rule 11 was not in question but the order was being assailed ..... an appropriate court was erroneous and in the circumstances of the case the court ought to have rejected the plaint under order 7, rule 11 rather than proceed under order 7 rule 10 of the code.3. having heard the learned counsel for the appellant at length we are of the opinion that .....

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Aug 06 1991 (HC)

Ganeshi Rai and Another Vs. First Additional District Judge, Ghazipur ...

Court : Allahabad

Decided on : Aug-06-1991

Reported in : AIR1992All25

..... wrongly refused and the other side could have been compensated by awarding costs.6. the provision contained in order 6, rule 17 of the code of civil procedure provides for amendment of pleadings and says that the court may at any stage of the proceedings allow either party to alter or amend his ..... 1st additional district judge, ghazipur, by which application no. 38-a moved by the plaintiff-appellants petitioners for amendment of the plaint in original suit no. 335 of 1979, was rejected. the said suit and the two other original suits nos. 58 of 1981 and 226 of 1980 were consolidated and all ..... taken which have been noticed in the impugned order and it is not necessary to repeat them here. as stated earlier, the amendment application was rejected by order dated 10-10-1990 against which the present writ petition has been filed.5. for the petitioners it was contended that the amendments ..... the other three documents aforesaid said to have been executed by nagina rai. as stated earlier, the petitioners moved an application for amendment of the plaint before the appellate authority. a number of amendments were proposed in the application which have been summarised and noticed in the impugned order in the ..... the three suits were decided by a common judgment. the application seeking amendment in the plaint was moved before the appellate court where .....

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Apr 23 1991 (HC)

M/S. Arjees Wool and Fur Industries Pvt. Ltd. and Others Vs. Allahabad ...

Court : Allahabad

Decided on : Apr-23-1991

Reported in : AIR1992All111; [1993]76CompCas209(All)

..... contention that theamendment sought did not change the nature of the suit and it amounted only to a relief in the alternative and could not be rejected, for that reliance has been placed on the following decisions by the learned counsel for the plaintiff-respondents.9. firm srinivas ram v. mahabir ..... to the administration of justice. a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or infraction of the rules of procedure (underlined mine).12. there can be no two opinions against above referred to decisions but the same are not applicable to the facts of the ..... gage by deposit of title deeds and, therefore, the order of the learned court below was clearly against the provisions of law and the civil judge has acted illegally in the exercise of his jurisdiction while allowing that part of the amendment application.4. learned counsel for the parties agreed ..... suit no. 455 of 1989 is pending before the hon'ble high court at calcutta. as a counter blast the plaintiff filed a suit before the civil judge, mussoorie, at dehradun and prayed for the recovery of rs. 39,98,744.65. in that suit the plaintiff-respondent specified that defendant ..... if initially therelief of foreclosure had already been in the plaint the same could not have been deleted on the application of the defendant revisionist on the facts of the present case is not sound. order vi rule 16 of the civil procedure code reads as under:--'striking out pleadings -- the court may .....

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Jul 25 1991 (HC)

Nisar Ahmad and Others Vs. V Addl. District Judge, Azamgarh and Others

Court : Allahabad

Decided on : Jul-25-1991

Reported in : AIR1992All198

..... the extraordinary jurisdiction of this hon'ble court under art. 226 of the constitution. admittedly, the petitioners have filed the civil suit and the interim injunction application was rejected. it appears that civil suit is still pending. it is abundantly clear from the facts and circumstances of the case and conduct of the ..... 75. there was no legitimate ground raised in the application for recalling the order dated 20-12-75. the appliction 81c-2 was rejected on 5-12-88. a civil revision was filed against the order dated 5-2-88, which has been dismissed giving rise to the impugned order.8. the ..... necessary at all to disclose the same in the writ petition. it is not denied in the rejoinder-affidavit that the aforementioned civil suit was filed and injunction application was rejected. the petitioners in para 22 of the writ petition, categorically stated that..... 'they have been left with no alternative but to ..... thus not entitled to invoke the writ jurisdiction of the high court.13. the learned counsel submitted that there has been patent error of law and procedure adopted in the present case at the courts below. he submitted that the legal questions as formulated for consideration if examined, it would be clear ..... being herd by the executing court? 11. the learned counsel for the respondent sri r. n. singh pointed out the true copies of the plaint in civil suit no. 248 of 1989 filed by sri nisar ahmad against mst. sabira bibi and another and the true copy of the order dated 29 .....

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Dec 17 1991 (HC)

industrial Finance Corporation of India, Kanpur and Another Vs. P.V.K. ...

Court : Allahabad

Decided on : Dec-17-1991

Reported in : AIR1992All239

..... an order of attachment or sale, such an order shall be carried into effect as far as may be practical in the manner provided in the code of civil procedure, 1908, for the attachment and sale of the property in execution of a decree, as if the corporation is a decree holder. transferring the ..... been asked in its petition. the application under reference in the interest of a public finance institution dealing with loans which are public monies, is rejected,12. this leave the court with no optionbut to lift the corporate veil and personality ofthe company. the law permits the court tolift the corporate ..... learned counsel-for the ifci is accepted then it makes s. 30 of the act, aforesaid, as an effective remedy, by reference to a summary procedure, ineffective and it would camouflage the accountability of those, who give loans as well as those who stood guarantee for loans, but were never confronted on ..... made no headway. the high court gives the ifci an opportunity, within three months from today, either to give further and better particulars to the plaint, if these proceedings are to go on further or seek leave to bring in another action, in keeping with the intern, effectiveness and purpose of s ..... its learned counsel mr. navin sinha, advocate, is that the proceedings initiated by the ifci before this court cannot be more effective then its petition (plaint) and has reached its limits and cannot go further. it is submitted that if the ifci is not prepared to take on the guarantors, then .....

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Feb 21 1991 (HC)

Gauri Bala Dutta Vs. Iiird Addl. Civil Judge, Varanasi and Another

Court : Allahabad

Decided on : Feb-21-1991

Reported in : AIR1991All216

..... been moved at a very late stage. earlier also two applications seeking amendments of the written statement were rejected. the iiird addl. civil judge also held that the petitioner in her written statement has already admitted that the contents of paragraph '1' of the plaint are admitted wherein it was stated that the mother of respondent no. 2 was the sole proprietor of ..... situation where the plaintiff-respondent may be driven to lead further evidence for proving that the house in disputewas actually acquired by the assests of the mother alone and this procedure will certainly put the plaintiff-respondent in a situation where the plaintiff-respondent will be put to inconvenience. however, it will be open to plaintiff-respondent, to decide as to ..... . as such for staying the appeal or suit, the court will have to confine itself to the jurisdiction within the permissible limits of s. 10 of the code and s. 151 of the civil p.c. cannot be invoked for staying the hearing of the appeal or suit. the request for staying the appeal does not come within the four-corners of ..... of this court as well as the hon'ble supreme court that the powers under s. 151 of the civil p.c. can be invoked only when there is no other provision in the code for exercising such powers. in the present case, the civil p.c. s. 10 specifically laid down that no court shall proceed with the trial of any suit .....

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Sep 12 1991 (HC)

Lakshmi NaraIn Vs. the District Judge, Fatehpur and Others

Court : Allahabad

Decided on : Sep-12-1991

Reported in : AIR1992All119

..... , it seems framed an issue to that effect being issue no. 4 and decided the same in the affirmative. the trial court directed the plaintiff to amend his plaint, accordingly, within the specified period, feeling aggrieved, the plaintiff respondent preferred a revision which was allowed by the impugned order. challenging the order passed by the revisional ..... proper case, implead a new party as defendant even against the plaintiff's consent under certain circum-stances. sub-rule (2), o.1, r. 10 of the civil p.c. envisages the circumstances when the court may strike off or add parties. the said rule, inter alia, says that the court may at any stage of ..... the plaintiff. however, the suit was contested by the petitioner-defendant and defendant-respondent no. 3. the defendant-petitioner denied the correctness of the pedigree given in the plaint and set up his own pedigree. he claimed that one laxman had four sons, 2 of them were jodha and balloo. the plaintiffand defendants nos. 3 and ..... prasad since deceased. narbada prasad and sardar were the sons of one jodha, a common ancestor who owned two houses shown with letters aa and ba in the plaint. sardar died issueless. narbada prasad separated from his father during his life-time and was residing in house ba along with niranjan and hiralal defendants nos. 3 ..... does not require any interference by this court.6. for what has been stated above, the writ petition is without any substance and is,accordingly, rejected summarily.7. petition dismissed. .....

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Sep 26 1991 (HC)

ishrat HusaIn Khan Vs. Addl. District Judge, Gorakhpur and Others

Court : Allahabad

Decided on : Sep-26-1991

Reported in : AIR1992All215

..... law and the exercise of discretion must be based judicial considerations alone. if two views can be taken by civil court and both are supported by law it is free to take any of the views, either granting the injunction or rejecting the prayer for grant of temporary injunction. however, the appellate court could come to a different conclusion because ..... in section 94, c.p.c. which expressly prohibits the issue of a temporary injunction in circumstances not covered by order 39 or by any rules made under the code, the courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of order 39, c.p.c. if the court is of ..... house in dispute was said to be liable to be partitioned. the respondents nos. 2 and 3 claimed their share from the said portion. a copy of the plaint dated 28-10-1985 is filed as an annexure to the writ petition. the petitioner, who was defendant in the said suit, denied the correctness of the ..... plaint. he denied the factum of sale having taken place and also denied the alleged oral gift in favour of the respondent no. 4. the petitioner had set up ..... order1. the petitioner is defendant in a suit which is pending in civil court at gorakhpur. it appears that a suit for partition was brought by the plaintiffs in respect of middle portion of a house situate at gorakhpur. the plaintiffs .....

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Apr 02 1991 (HC)

Vedpal Singh Vs. Harbansh Singh

Court : Allahabad

Decided on : Apr-02-1991

Reported in : AIR1991All320

..... correctly recorded and, therefore, he subsequently moved an application under order xviii, r. 2(4), c.p.c. that he be permitted to re-examine himself, but that application was rejected and against that order he had filed a revision in this court which was dismissed, but an observation was made that the tenant could raise the point in accordance with ..... of rent has been claimed and in spite of the proceedings were not stayed u/s. 10 in spite of the application of the defendant. from the copy of the plaint it is clear that the previous suit was regarding arrears of rent from 22-6-86 to 21-1-1987 as contained in para 7 of the ..... plaint, while the present suit was regarding arrears of rent for the period thereafter, i.e. arrears of rent due from 22-1-87 onward and, therefore, the lower court rightly .....

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Apr 05 1991 (HC)

Nathu Singh S/O Hariya Vs. Jagdish Singh S/O Jhumman

Court : Allahabad

Decided on : Apr-05-1991

Reported in : AIR1992All174

..... sold. it is not correct to say, therefore, that due to acquisition the contract itself has been frustrated. the respondent's contention is therefore rejected.19. the appeal is accordingly allowed;with costs. the judgment and decree underappeal are set aside. 20. if the decree for specific performance of ..... and where a plausible explanation is forthcoming due weight should be given to it.13. in the instant case the plaint was lodged in the court on the closing day before civil court vacation for summer, with a deficient court-fee of rupees 1433.50 affixing only sixteen court-fee stamps of ..... be several reasons for not filing the plaint with full court-fee. this is not invariably for the reason that plaintiff has no arrangement for meeting his obligation under the contract. therefore, ..... is not always justifiable to draw an inference against plaintiffs capacity when the plaint in a suit for specific specific performance is filed with deficient court-fee. this approach may some times be dangerous and misplaced. there may ..... the courts have faltered while recording finding against the appellant by wrongly construing evidence on record.12. two things have weighed with them. first, the plaint, when filed, was not duly stamped and second, the plaintiff sold some other land belonging to him during the pendency of the suit. it .....

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