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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1993 Page 1 of about 15 results (0.031 seconds)

Apr 16 1993 (HC)

Narendra Kumar JaIn and Another Vs. Sukumar Chand JaIn and Others

Court : Allahabad

Decided on : Apr-16-1993

Reported in : AIR1994All1

..... has submitted that sub-clause (a) of r. ii of 0.7 would be applicable in the present case and under this sub-clause the plaint could be rejected and the trial court's judgment is sought to be justified on the terms of the said sub-clause. it was further contended that the ..... the temple of property.8. thereafter the defendants seem to have filed an application purported to be undero. 7, r. ii. c.p.c. for rejection of the plaint. it was stated in this application that the reliefs claimed by the plaintiffs cannot be granted to them under s. 14 of the act. the defendants ..... reliefs claimed by the plaintiff.34. the application of the defendants for rejection of the plaint under 0.7, r. 11, c. ..... allowing them to amend the plaint and claim the reliefs which could be granted under s. 14 of the act. for not articulating the reliefs properly the plaint could not be rejected under o.7, r. 11(a), civil p.c. does not contain any provision by which a plaint can be rejected for any defect in the ..... 1. this is a civil first appeal against the judgment of the iii addl.district judge, meerut dated 28-1-1992 whereby court below was allowed the application filed by the defendant-respondents under o. 7, r. 11, c.p.c. and has rejected the plaint under the said order. the plaintiff-appellants are aggrieved against .....

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Apr 07 1993 (HC)

Prem Kumar Peters Vs. 2nd Addl. District and Sessions Judge, Kanpur an ...

Court : Allahabad

Decided on : Apr-07-1993

Reported in : AIR1994All158

..... of trial. in my opinion, the court should have confined itself to the provisions of code of civil procedure.8. there is yet another reason that the order cannot be sustained. section 21(1) of code of civil procedure provides that no objection against the place of suing shall be entertained at the appellate or ..... sustained. normally as the order of the appellate court is found to be erroneous and further as the appellate court has not considered the order rejecting the application of respondent no. 2 for setting aside the ex parte decree on merits, the case should havebeen remanded for deciding afresh. however ..... the petitioner and learned standing counsel.5. learned counsel for the petitioner has submitted that the appeal before the appellate court was from the order rejecting the application under o. 9, r. 13, c.p.c. and the appellate court should have confined itself to judge the correctness of ..... was filed by board on 1st january, 1991 for setting aside the ex parte decree, which was supported by an affidavit the application was, however, rejected by the trial court vide its order dated 30th may, 1991 aggrieved by the aforesaid order board, respondent no. 2 filed an appeal. the appellate ..... authority has not considered the order passed by the learned munsif, kanpur dehat rejecting the application under o.9, r. 13, c.p.c. on merits and has illegally reversed the order and directed to return the plaint only on its finding on question of jurisdiction.6. learned standing counsel, on .....

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Feb 02 1993 (HC)

Shri Ram Singh and Another Vs. Special Judge, E.C. Act, Additional Dis ...

Court : Allahabad

Decided on : Feb-02-1993

Reported in : AIR1993All236

..... 218 : (1979 all lj 685) and laying down the correct law as to maintainability of revision having considered the relevant amendment in s. 115 of the code of civil procedure, brought about by u.p. amendment act, 1978, were not brought to the notice of the supreme court in qamar uddin's case. the full bench ..... it ought to have addressed itself to all the relevant factors and record a categorical finding on each of the factors governinggrant of interim injunction before rejecting the application in toto. the lower appellate court has failed to do so. apart from this, the appellate court was also not justified in observing ..... on the basis of which it could be said that the plaintiffs admitted defendants' possession over the entire land in suit. a perusal of the plaint as well as observations as to the statement made by the plaintiffs' counsel during the course of arguments before the trial court bear it out that ..... endorsement to record lala ram on 1659/3 area 9 decimal. plaintiff could not challenge these entries in favour of defendants not only this, perusing the plaint, it is apparent that in para 4 plaintiff admitted that the defendant first set are residents of village haldi. the father of plaintiff no. 1 ..... application for ad-interim injunction was opposed by defendant lal ram by means of the objection attended by an affidavit. he disputed the correctness of the plaint map and filed a map along with his objection according to which the land shown by figures, 1, 2, 3 and 4, was acquired by .....

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May 14 1993 (HC)

Akttaryar Khan Vs. Azahar Yar Khan

Court : Allahabad

Decided on : May-14-1993

Reported in : AIR1994All193

..... that the failure of the defendants to file written statement amounts to admission of facts as alleged in the plaint and, therefore, decreed the suit. i am of the view that by adopting this procedure the court has manifestly erred. i am of the view that even if the defendant does not appear at ..... of section 17 of the provincial small cause courts act and despite being served with the summons they had not filed any written statement and, therefore, rejected the defendants' application for setting aside the ex parte decree dated 9-4-1992 and for restoration of the suit to its original number. aggrieved, the ..... for the plaintiff opposite party. from the perusal of sub-rule (3) of rule 89a of the general rules (civil) it would be evident that the transferor court is required to follow the procedure laid down in sub-rule (1) of rule 89a of the rules and, over and above, it shall also ..... the notice board of the local bar association and this would be deemed to be sufficient information as required under rule 89a of the general rules (civil). he has also contended that in the penultimate paragraph of the impugned order the court has mentioned that the transferee court had sent summons to the ..... the court of the district judge or from the transferee court. learned counsel has contended that the provisions of rule 89-a of the general rules (civil) have not been complied. placing reliance upon a decision of learned single judge of our court in the case of balbir singh chauhan v. vijai kumar .....

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Jul 05 1993 (HC)

M/S. Gur Prasad Shyam Babu and Others Vs. State Bank of India and Anot ...

Court : Allahabad

Decided on : Jul-05-1993

Reported in : AIR1994All151

..... under order 11, rule 14, c.p.c. as the plaintiff was not present at the time when the suit was called out, under the provisions of code of civil procedure the dismissal of the suit will be treated to be a dismissal under order9, rule 8, c.p.c. and thus in my opinion an application under ..... as the agreement deed etc. had not been filed and directed the plaintiff to file agreement deed etc. the application of the defendants for giving copies was rejected and it was ordered that the plaintiff can inspect the documents. the plaintiff was directed to file the documents by 30-7-1987. the defendant was asked ..... specific order dated 16-7-1987 in this regard. the said deed is the basis of the suit and it ought to have been filed along with the plaint. the order dated 16-7-1987 makes a clear indication that this document was necessary in order to enable the defendant to file his w. s. ..... the suit by the defendants numbered as 31-c on the ground that the plaintiff has filed suit for recovery of money against the defendants and in the plaint has mentioned about the agreement and the mortgage which are the basis of the suit and those documents have not been filed. it was mentioned that without ..... ground it was prayed that the order dismissing the case on 21-8-1987 be recalled and the suit be restored to its original number.6. the civil judge, under the impugned order has allowed the aforesaid application moved by the plaintiff for setting aside the order dismissing the suit on the ground that the .....

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May 14 1993 (HC)

Raghubir Prasad Vs. Rajendra Kumar Gurudev and Others

Court : Allahabad

Decided on : May-14-1993

Reported in : AIR1993All326

..... present case.13. it is not disputed that the application seeking permission to deposit the rent in proceedings under section 30 of the act had been rejected and there was no such amount in deposit which could be deemed to have been paid up to the landlord as envisaged under section 30 of ..... the act provide that the provisions contained in the act shall have effect notwithstanding anything inconsistent therewith contained in the transfer of property act, 1882 and civil procedure code 1908. section 20(2)(a)of the act provides that the suit for eviction of a tenant from a building after the determination of tenancy may ..... gangal (supra) relied upon by the learned counsel for the petitioner indicates that the plaintiff in that case had not pleaded the relevant facts in the plaint with the result that the bar against the filing of the suit could not be deemed to have been lifted. what the apex court had emphasised ..... dale of service upon him of a notice of demand.11. in the present case, as has already been noticed above, a perusal of the plaint shows that ail the necessary assertions of the fact had been made by the plaintiff and the defendant cannot be deemed to have been prejudiced in ..... were vacated.4. in the written statement filed by him the defendant-petitioner admitted the receipt of the notice referred to in paragraph 2 of the plaint. he further admitted that the nolice sent by the plaintiff demanding the payment of arrears of rent and terminating the tenancy was received by him. he .....

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Aug 16 1993 (HC)

Sant Ram Agarwal Vs. Civil Judge, Mohanlal Ganj, Lucknow and Others

Court : Allahabad

Decided on : Aug-16-1993

Reported in : AIR1994All99

..... by the amendment sought which requires fresh trial and thus would not be permitted under law.7. the learned civil judge mohanlal ganj by an order dated 3-10-1992 rejected the said application for amendment on the ground that the averments sought to be incorporated by way of amendment in ..... amendment should not be refused on technical ground. it is the discretion of the court before whom the application for amendment comes up. rules of procedure are intended to be a handmaid to the administration of the justice, parties should not be refused just reliefmerely because of some mistake, negligence, ..... inadvertence or even infraction of the rules of procedure. the court always give leave to amend the pleading of the party unless it is satisfied that the party applying was acting mala fide or ..... the written statement has no relation with the averments and relief claimed in suit no. 29 of1987. the application was also rejected on the ground of being highly belated. it held that no explanation has been offered for the delay and the averments sought to be incorporated ..... the learned counselfor the petitioner stated that in the event the amendment is allowed the petitioner will not lead any oral evidence. the copy of the plaint of the first suti as also the written statement and the judgment rendered in the said suit as also the report of the commissioner were already .....

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Jan 20 1993 (HC)

Ajab Singh Vs. Shital Puri (Deceased by Lrs.)

Court : Allahabad

Decided on : Jan-20-1993

Reported in : AIR1993All138

..... nature of relief sought, therefore, the court-fee paid in the suit was sufficient and the defendant-appellant's plea that the plaint should have been rejected as insufficiently stamped was rightly turned down by the courts below.27. in view of the fact that the plaintiff's suit is liable to ..... to the defendant to guard against encroachment by the irrigation department. so much so that the plaintiff also admitted in cross-examinationthat in the criminal case preceding this civil litigation, by compromise the defendant left the land (western portion) on which he has now constructed house. this goes to prove the truth of the defence ..... in relation to the room and the covered sehan situated in the eastern part of the plot, as shown and bounded in the map part of the plaint. admittedly the defendant-appellant is in exclusive possession over the disputed premises.12. it would be found on a perusal of the judgments of the two courts ..... in the trial court alleging therein that he is permanent lessee of a plot situate in mohalla subhasganj of roorkee town described and bounded at foot of the plaint. in the eastern portion, thereof there is a room belonging to the plaintiff. the said room was lying vacant and locked, as the plaintiff lives elsewhere. ..... 1. this is defendant's second appeal against the judgment and decree dated 25-9-1985 of the civil judge, roorkee whereby he dismissed the first appeal filed by the defendant against the judgment of the trial court, decreeing the plaintiffs suit for .....

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Oct 13 1993 (HC)

Vishwa Nath Vs. Shambhu Nath Pandeya Deceased by L.R. and anr.

Court : Allahabad

Decided on : Oct-13-1993

Reported in : 1995CriLJ277

..... on the complainant and on the day appointed for the appearance of the accused the complainant does no appear notwithstanding what is contained in the code of criminal procedure, the magistrate shall acquit the accused unless he thinks proper for reasons to be recorded to adjourn the hearing of the case to any another ..... it has power under sec. 495, cr pc (old) to authorise to conduct the proscculion by any person. it was also observed that the code of criminal procedure provides only for the death of an accused or an appellant but does not expressly provide for the death of a complainant. the argument in ..... abate on the death of the complainant and that arguments be heard on legal points before the case proceeds further. this application of the applicant was rejected by the learned magistrate after hearing arguments on 16-10-81 (vide copy of the order, annexure vi). the learned magistrate accepted the arguments on ..... 4-9-1981 and that he does not find any ground to interfere with that order. in the result, the application of the accused applicant was rejected.5. in the present proceeding, the complaint as well as the entire proceedings in the case have been challenged. it is stated that the date ..... .... 24. it was observed by the kerala high court that imputations are alleged to be against syrian chritian community as a whole and the com- | plaint was filed by the ist respondent only in his capacity as a member of that community and not as a person who was individually affected by the | .....

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Apr 16 1993 (HC)

Praveen Kumar and Others Vs. Vii Additional District Judge, Meerut and ...

Court : Allahabad

Decided on : Apr-16-1993

Reported in : AIR1994All153

..... holders of suit no. 287 of 1977, on various pleas.3. the trial court by order dated 24-11-1992 rejected the application of respondent no. 2. the order was challenged in misc. civil appeal no. 347 of 1992. appellate court has allowed the appeal by judgment and order dated 11-1-1993 and ..... some evidence could be filed before the courts to establish the prima facie case of exercising tenancy rights and actual participation in the business but after perusing the plaint of respondent no. 2, her application and affidavit under o. 39, r. 1, c.p.c. and the judgment of the learned lower appellate court ..... years. this suit is the only positive act on the part of respondent no. 2 asserting her tenancy rights in the shop in dispute. in the plaint, she has not mentioned any specific instance on which basis it couldbe held that she actually continued to assert her tenancy rights and her rights in the ..... 1979 was filed against the decree of the learned judge, small causes which was dismissed on 28-4-1984. thereafter the decree of ejectment was challenged in civil misc. petition no. 6286 of 1984 in this hon'ble court. the writ petition was dismissed on 29-8-1992. thereafter, defendants respondents nos. 3 ..... reasons recorded above, thewrit petition is allowed. the judgment andorder dated 11-1-1993 passed by the learned7th additional district judge, meerut inmisc. civil appeal no. 347 of 1992 smt.chammo v. praveen kumar and others ishereby quashed. there wilt be no order as tocosts. 13. petition allowed. .....

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