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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1994 Page 1 of about 11 results (0.028 seconds)

Apr 22 1994 (HC)

Committee of Management, Ratan Muni JaIn Inter College and Another Vs. ...

Court : Allahabad

Decided on : Apr-22-1994

Reported in : AIR1995All7

..... was not proper to exercise extraordinary jurisdiction available under art 226 of the constitution and the petitioners were directed to avail the statutory remedy available under the code of civil procedure. it was also directed that if a proper application was made under order 7, rule 11, c.p.c. before the civii court, that ..... lal jain as the manager of the institution was very much challenged by sri kamal kumar jain. of course, i agree with learned addl. civil judge, who rejected the application of sri moti lal jain when he has observed that sri moti lal jain had not expressly described his rights in his application for ..... they had also a remedy under order 7, rule 11, c.p.c. to pray before the learned lower court to reject the plaint itself. in that petition also, the jursidiction of the civil court was challenged in view of provisions of section 111 of the co-operative society act. despite that the division bench ..... under article 226 of the constitution.27. thus, the petition deserved to be allowed partly. the prayer for quashing the plaint and proceedings in original suit no. 230 of 94 supra is rejected mainly on the ground that the petitioners have an alternative remedy under order 7, rules 10 and 11, c.p.c ..... 31-3-1994. the prayer for hearing through the caveat was rejected and the application under order 1, rule 10, c.p.c. was also rejected and so an injunction order was passed in favour of the respondents.23. a look at the plaint (annexure 18) will show that in paragraph 3 it was .....

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Mar 15 1994 (HC)

M/S. Northland Traders and Others Vs. Bank of Baroda

Court : Allahabad

Decided on : Mar-15-1994

Reported in : AIR1994All381

..... necessary for me to refer to the same for the purpose of the present case.7-8. order vi, rule 14 of the code of civil procedure lays down that the every pleading shall be signed by the party and his pleader and in the absence of the party by any ..... person duly authorised by him to sign the same. it has been held in the case of all india reporter limited, bombay v. r. d. datar, reported in : air1961bom292 that in the case of a company plaint ..... original power of attorney with the copy filed in the court. however, even at that stage, the original was not produced. this application was rejected by the trial court as the evidence of the parties had already closed. in appeal before the high court also the original power of attorney was ..... and future interest. the suit is being contested by the defendant-applicants and is at present pending before the viii additional civil judge, moradabad.--n paragraph no. 1 of the plaint, the plaintiff had stated that the plaintiff was body corporate constituted under the banking companies (acquisition and transfer of undertaking) ..... learned counsel has submitted that the plaintiffs has failed to prove that k. n. pandey was duly and validly authorised to sign and verify the plaint. consequently, this issue should have been decided against the plaintiff and the suit dismissed on this score.in support of his submissions that the .....

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Dec 02 1994 (HC)

Jyoti Ram Vs. Dist. Judge, Saharanpur and Another

Court : Allahabad

Decided on : Dec-02-1994

Reported in : AIR1996All28

..... a regular appeal should have been filed against the said order. he placed the provision of o. 43, r. 1 of c. p. c. and submitted that the order rejecting the plaint was not. appealable. thus, the revision was entertained by the learned district judge, in accordance with law. this argument was not advanced in the court below nor there is any ..... revision holding the civil court has jurisdiction to try the suit.4. the learned counsel for the petitioner submitted that the nature of ..... was granted by the revenue court, the nature of theland would continue as agricultural holding and the civil courts would have no jurisdiction for entertaining the suit for ejectment and arrears of rent. this plea was accepted by the learned munsif and the plaint was rejected. a revision was filed against the said order before the district judge. the district judge allowed the ..... against the order of the district judge in civil revision by which he allowed the revision and set aside the order of the learned munsif dated 24-8-94 rejecting the plaint.2. a suit was filed for ejectment of the petitioner from the residential accommodation consisting of some rooms etc. a copy of the plaint has been filed as annexure no. 1 to .....

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Aug 23 1994 (HC)

M/S. C. Doctor and Company Ltd. and Another Vs. M/S. Belwal Spinning M ...

Court : Allahabad

Decided on : Aug-23-1994

Reported in : AIR1995All19

..... would operate as promissory estoppel. the learned counsel submits that the courtbelow has committed a manifest error of law in ignoring this aspect of the case while rejecting the application for impleadment and allowing the objection of the plaintiff. the settled law is that the palintiff is the master of his case. it is, ..... been advised after looking to the replication of the plaintiff to file an application for implead-ment on which the order impugned was passed the learned court below rejected the application of the defendants-applicants on the ground that the application seeking impleadment of m/s. progressive transport agency was barred by limitation. any claim ..... proper adjudication of the case. if is to be noted that a person shall not be impleaded or any amendment adding some defendant or some claim in a plaint which has become barred by limitation, shall not be allowed. the court below was perfectly justified in refusing to direct impleadment of m/s; progressive transport ..... he who would prepare the plaint against a person against whom he seeks a relief. if he did not seek any relief against any person, the defendant or any other person cannot compell ..... order1. this civil revision is directed against an order dated 23-5-1994 rejecting the application of the defendant respondent filed under o.1, r. 10 (2), c.p.c. a suit between the plaintiff m/s. belwal spinning .....

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Feb 24 1994 (HC)

Smt. Malti Devi Vs. Hon'ble Board of Revenue, U.P. and others

Court : Allahabad

Decided on : Feb-24-1994

Reported in : AIR1995All26

..... january, 1990. it was necessary to record finding on the correctness of version of the respon-dents. the application has to be allowed or rejected after considering the allegations made by the applicant and the objection which has been raised on behalf of an oppo-site party. these aspects ..... for restraining the petitioner from interfering in their possession. they also prayed for interim injunction. the learned munsif, on the date of filing of the plaint, granted interim injunction. the petitioner filed objection to the said application and, after hearing counsel for the parties, the trial court vacated the injunction order ..... the reason which they had given in restoration application for delay was that the matter regarding the disputed property was pending before the criminal and civil courts and they were advised to contest those cases and later on they were advised to file application for restoration of suit no. 14 ..... finding as to why the petitioner did not appear on 2nd may, 1977, and secondly whether, in fact, any proceeding in criminal or civil court was pending as alleged by the respondents so as to explain the delay in filing an application after a gap of thirteen years.8. ..... application was maintainable under order ix, rule4, c.p.c. it was further stated that there was litigation between the parties in criminal and civil courts and the applicants could not file application for restoration in time. subsequently, the counsel for the applicants advised them to file an application to .....

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Jan 24 1994 (HC)

Het Ram Kanodia Vs. Xth Additional District Judge, Kanpur and Others

Court : Allahabad

Decided on : Jan-24-1994

Reported in : AIR1995All77

..... . where an amendment is sought to substitute one cause of action with another distinct cause of action or the nature of the suit is altered by permitting amendment in the plaint, the court is justified in rejecting the application for amendment. but where an additional ground is added for asking the same relief without changing the nature ofallegations contained in the ..... act exist.7. in qudrat ullah v. municipal board, bareilly. : [1974]2scr530 , krishna iyer j. speaking for the court, observed (at p. 402 of air) :--'section 3 is only a procedural restoration and does not create a substantive rights. all that section 3 therein laid down was that: 'no suit shall, without the: permission of the district magistrate, be. filed in ..... alter the nature of the suit and also get the ownership rights in respect of the property in dispute adjudicated and in that circumstance upheld the order of the court rejecting the amendment application.17. in chandra bhan v. mange ram , a suit was filed for pre-emption. the plaintiff stated that the landlord had inherited the suit land from her ..... any civil court against a tenant for his eviction from any accommodation except on one or more of the following grounds.....' it is more procedural disability that is cast,not a substantive cause of action that iscreated.' their lordships then conclude stating:'..... a disability .....

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Dec 13 1994 (HC)

Commissioner of Income-tax Vs. Surendra Singh Pahwa and Others

Court : Allahabad

Decided on : Dec-13-1994

Reported in : AIR1995All259

..... 11-1993 and that he came to know of the order dated 1-12-1993 to proceed ex parte on a subsequent date. the learned civil judge disbelieved the appellant's version and rejected the application under order 9, rule 13, c.p.c. vide order dated 13-5-1994 which is the subject matter of challenge ..... must be compensated by cost.6. in view of the above conclusion f.a.f.o. no. 1014 of 1994 directed against the order dated 23-5-1994 rejecting the appellant's application under order 3, rule 13, c.p.c. becomes infructuous.7. accordingly first appeal no. 101 of 1994 succeeds and is allowed and ..... appellant moved an application on 17-12-1993 for setting aside the order dated 1-12-1993' to proceed ex parte against it. the said application was rejected by the trial court vide order dated 18-12-1993 on the ground that the arguments in the case already been heard and the judgment reserved and, therefore ..... the defendant appellant from auctioning the suit property in connection with the recovery of certain income-tax dues outstanding against ram kumar. it was alleged in the plaint that a sum of rs. 20,000/-was paid in advance as earnest money and further that the plaintiff was always ready and willing to perform his ..... a decree in his favour. the court was under an obligation to apply its mind to whatever ex parte evidence or affidavit filed under order 19 of the code is on the record of the case, and application of mind must be writ large on the face of record. this is possible only if the court .....

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Sep 12 1994 (HC)

Oriental Insurance Co. Vs. Anita and ors.

Court : Allahabad

Decided on : Sep-12-1994

Reported in : 2(1996)ACC671

..... -section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 1938) and whether ..... is nothing which indicates that the insurance company gets more rights in appeal than the right which it originally possessed. an appeal after all is a rehearing of the original plaint or suit. in appeal the appellant cannot raise defences which were not available to the appellant at the trial stage. the fact that an insurance company is a person aggrieved ..... for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact .....

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Sep 13 1994 (HC)

Ghulam Mohammad Vs. Taj Mohammad Khan and Others

Court : Allahabad

Decided on : Sep-13-1994

Reported in : AIR1995All333

..... of this judgment. the registrar of this court is directed to send a copy of this judgment immediately to the iii addl. civil- judge, agra for compliance of the order.17. the review application is accordingly rejected. since the opposite parties have not been issued notice, no cost is being awarded on the applicant.18. let the order be placed ..... indicated in his application as to how he has an undependent right to file a review application in a matter in which he was not a party. however, instead of rejecting the application on this ground alone, i propose to deal with the merit of the application itself.3. the only ground for seeking review of the judgment and decree passed ..... registration and is not admissible in its present form in evidence.10. there is another aspect of the matter which may also be looked into. in the present case, the plaint allegations were that the plaintiffs father fateh mohammad was owner and in possession of the house of premises no. 2122/2570 (old), new 5/31, situate at media katra, agra ..... avoiding the execution of the decree of the suit. there is no justification for keeping the execution matter pending for such a long time. accordingly, i direct the iii addl. civil judge, agra to dispose of the execution case no. 2 of 1986 as expediti-ously as possible but not later than three months of the receipt of the certified copy .....

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Apr 11 1994 (HC)

Godhan Son of Pola and Others Vs. Ram Bilas Son of Mahesh

Court : Allahabad

Decided on : Apr-11-1994

Reported in : AIR1995All357

..... as it relates to compliance or non-compliance of specific relief act and thus challenge to finding on this point is without substance and is being rejected.15. learned counsel for the appellants (defendants) sri h. s. sahai further submitted that as regards the findings on the question involved in issues ..... had been entered into between the plaintiff-respondent and defendant-appellants nos. 2 to 4 who have been impleaded as defendants. inparagraph-4 of the plaint, the plaintiff has averred that he the plaintiff has always been ready and willing to perform his part of contract.3. the defendant no. ..... to perform his part of contract and therefore, the plaintiffrightly brought a suit for specific performance of the contract.....the findings drawnby the learned civil judge are absolutely correct.'21. the trial court in its judgment in connection with issues 1 to 3 made a reference to the statement and ..... be sent to the sub-registrar concerned for due entry being made in the record books and thus maintained the judgment and decree of the civil judge.9. feeling aggrieved from the judgment and decree of the lower appellate court, the defendant-appellant i.e. original defendant godhan as well ..... the plaintiff-respondent.7. having felt aggrieved from the judgment and decree dated 25-2-1984, the defendants-appellants 1 to 4 had filed regular civil appeal no. 42 of 1984. the learned trial court (10th additional district judge, sitapur) by his detailed judgment and after consideration of the matter .....

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