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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1995 Page 1 of about 6 results (0.025 seconds)

Feb 01 1995 (HC)

M/S. NaraIn Agricultural Corporation and Others Vs. Allahabad Bank

Court : Allahabad

Decided on : Feb-01-1995

Reported in : AIR1995All225

..... circumstances so permit. the first contention, therefore, has no force.20. the next contention on behalf of therevisionist is that the order rejecting the plaint has been set aside by the learned civil judge without issuing any notice to the defendant and, therefore, the order is not only bad in law but is also without jurisdiction ..... placed reliance on : air1957all825 , : air1981all15 and : air1990ori102 , in support of the contention that notwithstanding the fact that an appeal may be filed against the rejection of the plaint, an applicationunder s. 151, c.p.c. is maintainable. one of the cases on which reliance has been placed'on behalf of the revisionist is : air1980ori162 ..... . this case has been referred to in : air1990ori102 and it has been held in para 4 that the code no doubt makes a provision for appeal to a higher court against an order rejecting a plaint under order 7, rule 11, c.p.c. for non-payment of court-fee, but there is no ..... right of appeal to a higher forum does not override nor is in conflict with the inherent powers of a court saved under s. 151 of the code.18. so far as this court is concerned it was held as back as 1957 in : air1957all825 , sita ram sahu v. kedarnath sahu, para ..... provision in the code for redress in the very same court. thus the applicability of inherent powers of the court .....

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Aug 31 1995 (HC)

PravIn Kumar Gupta Vs. Vineeta @ Geeta Rani

Court : Allahabad

Decided on : Aug-31-1995

Reported in : I(1996)DMC10

..... .i.r. 1951 sc 177 and quoted the principle of law laid in the said decision :'a plaintiff may rely upon different rights alternatively and there is nothing in the cpc to prevent a party from making two or more consistent sets of allegations and claiming relief therender in the alternative, ordinarily, the court cannot grant relief to the plaintiff on ..... it relates to suit for restitution of conjugal rights/divorce under hindu marriage act. the suit was filed in 1993.2. the impugned order is by the family court judge, rejecting the application for amendment. initially the suit was filed for restitution of conjugal rights u/ section 9 of the hindu marriage act. during the pendency of the suit, application was ..... moved by the applicant for amendment in the plaint seeking addition of relief of divorce under section 13 of the act. the court below refused to allow the application for amendment on the ground that the husband by the ..... these reasons, the court declined to allow the amendment application.3. the learned counsel for the applicant cited a decision 1985 allahabad weekly cases 177, smt. krishna devi v. addl. civil judge, bijnor and ors.. the learned judge while considering a similar dispute was pleased to refer a decision of hon'ble supreme court firm shri nivas rant kumar v. mahabir .....

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Jan 13 1995 (HC)

Smt. Neelam Singh Vs. Vijaya Naram Singh

Court : Allahabad

Decided on : Jan-13-1995

Reported in : AIR1995All214

..... if any and on matters not covered by the act or the rules, the code of civil procedure will regulate the proceedings. if the code of civil procedure was to be generally applicable, there was no necessity for making the aforesaid special provisions and the other provisions ..... make in this behalf, allproceedings under this act shall be regulated, as far as may be, by the code of civil procedure. section 21 thus indicates that the application for code of civil procedure is subject to the provisions made in the hindu marriage act or the rules made by the high court ..... special provision prescribing the circumstances in which a counter-claim will be maintainable and, therefore, these special provisions override general provisions of the code of civil procedure and order 8, rule 6-a could not be invoked for setting up a counter-claim for divorce. learned counsel for the respondent, ..... wife-petitioner moved an application praying that an issue be framed regarding the jurisdiction of the court about the counter claim. the trial court rejected the same observing that counter-claim for divorce is permissible under the hindu marriage act and the application has been moved to harass the ..... petition under this act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. thus, section 20 contains special provision about the pleadings of the parties .....

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May 26 1995 (HC)

Vishram Singh and Others Vs. District Judge, Etawah and Others

Court : Allahabad

Decided on : May-26-1995

Reported in : AIR1996All90

..... contested the suit. in the suit they filed an application for amendment of the written statement taking the plea that the civil court had no jurisdiction to entertain the suit. the amendment application was rejected by the trial court but on appeal the revision was allowed on 26-8-1987. the court, however, took the ..... of cancellation of sale deed.11. even if the document is treated as void, the suit for cancellation of such deed will lie in civil court and the civil court will have jurisdiction to try such suit.12. in view of the above there is no merit in the writ petition. it is accordingly ..... ground that it was fraudulently executed through some imposter and not by the plain-tiff, the court relying upon the decisions referred to above held that civil court has jurisdiction to try the suit for cancellation of even a void document.8. learned counsel for the petitioner placed reliance upon indrapal v. jagannath ..... lie in the revenue court it does not lay down a good law. suit or action for cancellation of void document will generally lie in the civil court and a party cannot be deprived of his right getting this relief permissible under law except when a declaration of right or status of a ..... the sale deed and demolition of room etc. comes within the jurisdiction of civil court and is not barred by the provisions of section 331 of u. p. zamindari abolition and land reforms act.10. a perusal of the plaint indicates that the plaintiff has challenged the execution of sale deed on the ground .....

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May 01 1995 (HC)

Smt. Gulab Devi Widow of Vishwanath Sahai Vs. Smt. Premwati Widow of K ...

Court : Allahabad

Decided on : May-01-1995

Reported in : AIR1996All22

..... is, absent, proceed under rule 2.' 10. admittedly, on 19-4-80, only the plaintiff and his counsel were present. the defendants' counsel withdrew after his application for adjournment was rejected. that is why the court proceeded without hearing the defendants. for warranting the application under order 17, rule 3, c.p.c., it was essential that the court could proceed ..... by her counsel sri udai shankar verma, advocate (86 d). that was objected to by the learned counsel for the plaintiff. after hearing the parties, the application for adjournment was rejected and the court tried to proceed with the case ex parte. thereafter, sri udai shankar verma, learned counsel for defendant no. 7 left the court. defendant no. 1 deep narain ..... court of mirzapur was filed by kanhaiya lal (since deceased) against 9 defendants. the relief prayed for was that the house given in list a, at the foot of the plaint, be partitioned and the share of the plaintiff being 7/12, be separated by means of a final decree.3. a pedigree has been given in paragraph 1 of the ..... plaint. kanhaiya lal, deceased was the son of beni prasad and grandson of hanuman prasad. according to the pedigree, shiv sewak lal had two sons -- hanuman prasad and mewa lal. hanuman .....

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May 31 1995 (HC)

Manvendra Shah, Member of Parliament Vs. State of U.P.

Court : Allahabad

Decided on : May-31-1995

Reported in : AIR1996All92; (1995)2UPLBEC1060

..... court were to notice the passages, the question would arise, to what avail? in answering the question of what to rely upon and for what purpose in the matter of procedure or stare decisis, a very recent decision of sukhwant singh v. state of punjab, 1995 (3) jt (sc) 495, the supreme court gives ample guidance. 'the observations from a judgment ..... owing to the peculiar geographical conditions and the great difficulties of communications, no uniform rule could be evolved for the administration of civil justice for the whole of kumaun division and it was agreed that the system in vogue at present in lohaghat and pithoragarh sub-divisions of almora district and chamoli sub ..... . it was published by the state government through the superintendent, printing and stationery, united provinces, allahabad. an extract of this report on civil and judicial administration, observes :'the first question considered by the committee was that of bringing civil judicial administration of kumaun into line with the rest of the province. the matter was discussed at length and it was realised that .....

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