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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1996 Page 1 of about 8 results (0.109 seconds)

Aug 22 1996 (HC)

Baru Singh (Deceased by L.R.) and Others Vs. Babu Ram Sharma

Court : Allahabad

Decided on : Aug-22-1996

Reported in : AIR1997All185

..... court even in the exercise of its powers under s. i(x). cpc. from the discussion made hereinabovc. it is apparent that glaring illegality has been committed by ine lac in appreciation of evidence and in recording of findings ..... on record which have been referred to hereinabove. there should be no doubt that the lac recorded finding regarding genuineness of the agreement of sale by rejecting important e\ i-dcncc and by overlooking glaring circumstances falsifying it. with the result, findings recorded by it has to be set aside by this ..... plank initially filed, were quite different. with the result, the respondent made several attempts by filling more than one application for the amendment of the plaint so as to give correct description of the land which was owned by the appellants in respect whereof he tried to obtain a decree in his ..... scribe was heavily paid by the respondent so as to availof his services for filling in all the gaps in his case for proving his entire plaint case. respondent left everything for the scribe to prove by saying that terms and conditions of the agreement of sale, except the rate of purchase ..... of the assessment of evidence and circumstances showing in a natural way the falsehood of the case of respondent which he had set up in the plaint illegally ignoring the overwhelming prominent features showing falsehood of respondent' case; and(c) the l.a.c. illegally discarded the notice dated 4-5- .....

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May 27 1996 (HC)

Smt. Garima Singh Vs. Sri Sanjai Singh and ors.

Court : Allahabad

Decided on : May-27-1996

Reported in : II(1996)DMC422

..... order passed inadvertently and restore the execution application. the argument that the order passed by the munsiff was appealable, therefore, the application under section 151 of the code of civil procedure would not be entertained was rejected and it was held :'it was thus an error of the court and it is axiomatic that no prejudice should be caused to a party on account ..... . in a recent decision the apex court in the case of dadu dayal mahasabha v. sukhdeo arya and ors., reported in : (1990)1scc189 , where the plaint was permitted to be withdrawn on the basis of prayer purported to be made on behalf of the plaintiff held as follows :'the main question which required consideration however is ..... herself to depose to prove the averments made in the plaint even though she was said to be at sitapur that day and the evidence on affidavit was accepted.9. the provisions of section 23(2) of the hindu marriage act and order 32- a rules (sic) and 35 of the code of civil procedure were given a complete go-bye and no attempt ..... with law and the law settled by various pronouncements of the court of law of this country. even more surprisingly when the plaint revealed that there were three children from the marriage, two of whom were minors, the learned civil judge made no attempt to find out who shall have care and custody of these children and what provision, if any, has .....

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Jan 17 1996 (HC)

Salim Son of Yaseen Vs. First Additional Civil Judge, Senior Division, ...

Court : Allahabad

Decided on : Jan-17-1996

Reported in : AIR1996All342

..... that event according to shri mandhyan it will amount to grant of the whole relief claimed in the plaint. such situation is wholly against the principle enunciated in order 39 rules i of the code of civil procedure. order 39 rule 1 provides where in any of the suit it is proved by affidavit or otherwise ..... made therein which is relevant for our present purpose is quoted below :'the defendant had filed application under section 151 of the code of civil procedure. he had not filed an application for punishing the petitioner for disobedience of breach of injunction order underorder 39 rule-2 (a) of the ..... code of civil procedure. the court had jurisdiction to pass suitable order to maintain status quo ante in the interest of justice. the court has inherent ..... defendants no. 1 & 2 in the family dwelling house. the said application formandatory injunction for removal of the defendant no. 3 from the suit premises was rejected by an order dated 11th august, 1994 passed by the learned munsif (city), saharanpur. againsi the said order an appeal being appeal no. 106 of 1994 ..... the case of u. p. junior doctor's action committee (supra) it was held as follows : 'it is a well-known rule of practice and procedure that at interlocutory stage a relief which is asked for and is available at the disposal of the matter is not granted. the writ petitioners wanted admission .....

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May 24 1996 (HC)

Committee of Management, Sri Ratan Muni JaIn Intermediate College, Agr ...

Court : Allahabad

Decided on : May-24-1996

Reported in : AIR1997All163

..... by them against the order dated 4-4-1994. though, however, the petitioners could have moved an application under section 115 of the code of civil procedure, against the order rejecting their prayer for impleadment. by reason of u. p. amendment in civil procedure code relating to section 115 the revision in respect of a suit valued below rs. 20,000/- lies to the district judge. the ..... power of superintendence is akin to the revisional jurisdiction. though the scope of interference under article 227 of the constitution is little restricted than that of section 115 of the code of civil procedure. but the application of jurisdiction under article 227 of the constitution is far wider than that of section 115. inasmuch as in the state of u. p. because of ..... the suit to have become infructuous. the substitution allowed by an order dated 31-5-1995 on the prayer of sri rajiv ratan under order 22 rule 10 of the code of civil procedure could not have the effect of substituting a fresh cause of action relating to the subsequent election. the substitution of sri rajiv ratan may enable him to continue the ..... . the said recognition was cancelled on the same date by order dated 23-3-1994. as it appears from annexure-22 to the writ petition, being a copy of the plaint, the regional deputy director of education, agra (defendant no. 1), district inspector of schools, agra (defendant no. 2) and the deputy registrar, firms societies and chits. u. p. agra, were .....

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Jan 11 1996 (HC)

Dwarika Singh, Son of Ram Lagan Singh Vs. the District Judge and ors.

Court : Allahabad

Decided on : Jan-11-1996

Reported in : AIR1996All325

..... was the only forum to cancel the said sale-deed. the learned munsif, vide his order dated 15-9-1981 rejected the preliminary objection raised by the present petitioner and held that the civil court was competent to entertain the said suit for cancellation of the sale-deed (annexure 2 to the writ petition ..... incidents of what was non est'.12. it is further observed as under:--'it is true that question of jurisdiction depends upon the allegations in the plaint and not the merits or the result of the suit. however, in order to determine the premise nature of the action, the pleadings should be ..... x 'it is the real 'cause of action' which determines the jurisdiction of the court to entertain particular action notwithstanding the language used in the plaint or the relief claimed. the strength on which the plaintiff conies to the court does not depend upon the defence or relief claimed which could determine ..... respondent nos. 3 & 4.3. it has been argued on behalf of the petitioner that in the instant case the civil suit is not maintainable as according to the allegationsmade in the plaint, the transaction is void and not voidable. in fact it is settled law that no order, transaction or contract can ..... taken as a whole.....thereal point is not the stray or loose expression which abound in inartistically drafted plaints, but the real substance of the case gathered by construing pleadings as a whole'.13. in the case of lal bihari v. iii addl. dist. .....

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Jan 17 1996 (HC)

Oil and Natural Gas Commission Vs. M/S. Em and Em Associates

Court : Allahabad

Decided on : Jan-17-1996

Reported in : AIR1996All318

..... 42. in this view of the mailer, the argument advanced by the learned counsel for the appellants has no legs to stand and deserves to be rejected in the fads of the case.43. in view of this factual position, the citation given by the learned counsel for the parties have lost relevance. ..... is an extract from the agreement entered into between the parties, however, the plaintiff-respondent along with their counter affidavit have filed the copy of the plaint of suit no. 762/87 along with counter affidavit.11. in suit no. 768/87 the appellants havegiven details of the dispute arising out betweenthe ..... perusal of the clause 25 of the arbitration clause reveals that all the claims made by the answering respondent and referred in para 13 of the plaint are covered by the arbitration clause, aforesaid. the issue is as to whether the claims made by the plaintiff-respondent arising out of the agreement ..... changed and extra items without any objection or demmurage and he has no right to agitate the same which became final.27. para-10 of the plaint allegations were denied on merits.28. para-12 of the written statements is important for the controversy involved herein. the same is being reproduced below ..... and natural gas commission and a detailed written statement was filed in both me cases. both the aforesaid suit applications were allowed by the iind additional civil judge, dehradun vide his order dated 27-3-1991 and it was held that the dispute has arisen between the parties in regard to the .....

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Oct 10 1996 (HC)

Ram Dhani and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Oct-10-1996

Reported in : 1997CriLJ2286

..... jokhan (p.w. 8) interferes with the possession of chhangur accused-appellant and others or devastates the crop. the application of jokhan (p.w. 8) was rejected by the s.d.m. with the above observations.25. suit no. 62 of 1971 was pending on the date of occurrence.26. the transferees in the ..... that the said status quo order was in force till 25-11 -75, the date of the occurrence, on which date the interim injunction application was rejected by the learned munsif in default and the interim injunction order was vacated.27. ex. kha 39 is the n.c.r. dated 12-11-73 ..... mirzapur for a permanent injunction against jokhan and two others to restrain them from interfering with their possession over the land in dispute. a copy of the plaint was ex. kha-35. on that application a notice was issued to the defendants of the suit to show cause and meanwhile directing the parties to maintain ..... the relevant time gave him the right to use his gun in exercise of this right. the analogy of estoppel or of the technical rules of civil pleadings is, in such cases inappropriate and the courts are expected to administer the law of private defence in a practical way with reasonable liberality so ..... been harvested by jokhan a few days before the date of occurrence; that on the date of occurrence jokhan had come to mirzapur to attend the civil case pending in the court of munsif mirzapur for hearing on the application for temporary injunction; that taking advantage of his absence the accused-applicants came to .....

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Oct 04 1996 (HC)

Ayodhya and ors. Vs. State of U.P. and Etc.

Court : Allahabad

Decided on : Oct-04-1996

Reported in : 1997CriLJ2654

..... a conclusion.33. the hon'ble supreme court in, 1994 supp (3) scc 137 (krishna reddy v. state of karnataka) held that the sessions judge after giving good reasons for rejecting the evidence of all the witnesses which are correct and sound, interference in an appeal against acquittal by the high court, in these circumstances, was uncalled for. in (1978) scc ..... cr. p.c. between harishanker and his family members on one side and the family members of deceased raghu nath pandey and accused doodh nath and jagannath had filed civil suit in civil court which was dismissed. prior to the present occurrence, accused ayodhya, murlidhar, shri dutt, accused raj kishore, subhash and kashi had assaulted him. the report was lodged and the .....

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