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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2006 Page 1 of about 45 results (0.027 seconds)

Jan 04 2006 (TRI)

Bank of Baroda Vs. Bombay Burma Trading Co. and ors.

Court : DRAT Allahabad

Decided on : Jan-04-2006

Reported in : 3(2006)BC104

..... 5, 7 and 10 without filing written statement filed a petition under the said provisions of cpc asking better particulars and also for deletion of their names from the proceedings and also for rejection of plaint against them. it should be mentioned here that the bank was asked by the tribunal as claimed ..... stage, the contesting defendants respondents had not filed their written statement and in such position, there was no scope to consider such applications of rejection of plaint or deleting of some of the defendants without ascertaining the liability, whether existing or not.6. in support of the contention of the appellant ..... controverted by the contesting respondents. it is too early to make a finding that the defendant nos. 3 to 11 have been misjoined in the plaint. moreover, such finding has been made, when defendant nos. 3 and 11 has never made any assertions regarding their non-liability. in such circumstances ..... of the contesting respondents, i have perused the records and find that although some sort of surmises were there in the different paragraphs of the plaint, but collusion have been asserted from the very beginning against all the defendants. moreover, in the objection filed against the applicants of the contesting ..... and order 6 rule 5 and order 7 rule 11 of the cpc read with section 151 of the cpc have been allowed and appellant bank was asked to delete the names of defendant nos, 3 to 11 from the plaint by filing amendment petition and for misjoinder of defendant nos. 4, .....

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Aug 28 2006 (HC)

Bansal Buildcon (P.) Ltd. Vs. Satya NaraIn Gupta and anr.

Court : Allahabad

Decided on : Aug-28-2006

Reported in : 2006(4)AWC3829

..... below:in samar singh v. kedar nath this court while dealing with an election petition has held that the power to summarily reject conferred by order vii, rule 11 of the code of civil procedure can be exercised at the threshold of the proceedings and is also available, in the absence of any restriction statutorily placed, ..... is for the refund of the money which is claimed to have been paid by the plaintiff to the defendant and, therefore, the plaint itself could not be rejected. i fully agree with such observations of the court below that even in view of the aforesaid provisions of the registration act as well ..... since the suit itself is not maintainable, the court could not postpone the adjudication on the point whether the suit has to be dismissed and plaint is to be rejected under order vii, rule 11, c.p.c. the court below, while passing the impugned order, has observed that the whole matter involving ..... s prayer for dismissing the suit under order vii, rule 11, c.p.c.2. the applicant-revisionist prayed for dismissing the suit and rejecting the plaint under order vii, rule 11, c.p.c. on the ground that the suit being one for decree of specific performance of contract ..... of sale based on an unregistered agreement, was not maintainable and the plaint be rejected without further lingering the proceedings of the suit.3. this petition was resisted by the other side and the court below after hearing the parties .....

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Feb 21 2006 (TRI)

Hyper Chemicals and Cosmetics Vs. State Bank of Patiala

Court : DRAT Allahabad

Decided on : Feb-21-2006

Reported in : II(2006)BC184

..... 17-a for the purpose of additional evidence. the principle relating to additional evidence is totally different than provision of order 6 rule 17 of the cpc relating to amendment of pleadings.regarding due diligence i have already stated that the delay although not being explained from the side of the respondent, the ..... are governed under order 6 rule 17 of the c.p.c. amendment under that order and rule had been made by the amendment of the cpc in year 2002 and a proviso had been added creating a bar in amendment of the pleadings after the trial being commenced. here in the present ..... delay in seeking amendment, the appellant should be compensated for such delay and of their convenience, if any.6. in the result, the appeal is rejected and a part of the impugned order regarding amendment is hereby allowed on condition of payment of rs. 1,000/- from the side of the respondent-bank ..... .a. no. 507/2000. once the case was decided in favour of the respondent bank and the counter claim made by the defendant-appellants have been rejected. the appeal was filed against such judgment and order before this appellate tribunal, which was numbered as appeal no. r-294/03. the then chairperson of ..... of the case. air 1971 sc 2177 relates to amendment being sought in the plaint regarding some other matter, when remand order was restricted to a fresh decision on the ground of resjudicata and hence the apex court had rejected such amendment, but in the present case i have already stated that remand order .....

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May 26 2006 (HC)

Ram Deo Vs. Ram Naresh and anr.

Court : Allahabad

Decided on : May-26-2006

Reported in : 2006(3)AWC2578

..... be presented to a court having jurisdiction to determine the title.(2) when a court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of section 57 of the code of civil procedure (14 of 1982) and make such order with respect to costs as it deems just and the court shall, for ..... of buddhu mal v. mahabir prasad and ors. air 1988 sc 1722, the trial court committed illegality . in not exercising its discretion to return the plaint for presentation before the civil court to do justice between the parties.6. it may be noted here that the above revision is pending decision in this court for the last about ..... and on similar pleas as those pleaded in s.c.c. suit no. 7 of 1984.10. the court below rejected the contention that the plaint of s.c.c. suit be returned under section 23 of the provincial small cause courts act of the defendant/applicant, on the ground that the present ..... naresh v. ram shankar gupta and anr. has filed the present revision against the judgment and order dated 21st september, 1985, passed by 1st additional district judge, rejecting the contention of defendant no. 2, i.e., the present applicant to transfer the suit for trial on regular side and also ..... rejected the application filed under section 10 read with section 151. c.p.c. to stay further proceedings of the suit till the decision of the earlier instituted .....

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May 02 2006 (HC)

Abdul Mateem Vs. Mehandi Hasan and anr.

Court : Allahabad

Decided on : May-02-2006

Reported in : 2006(3)AWC3101

..... to delay the proceedings, after the commencement of the trial and, therefore, amendment has been rightly rejected.5. having heard learned counsel for the parties.6. before the amendment, order vi. rule 17 of the code of civil procedure reads as follows:order vi. rule 17. c.p.c.- the court may at any ..... the subsequent developments, the appellant filed an application under order vi, rule 17 for the amendment of the plaint for adding paras 8 (a) to 8 (f) in his plaint. the trial court rejected his prayer and the revision petition filed against that order was dismissed by the high court vide order impugned ..... and demolished the wall on northern, eastern and western sides. the appellant filed the application for amendment of the plaint including incorporation of relief of recovery of damages. the trial court rejected the application and the revision filed against that order was dismissed by the high court. the apex court observed as ..... development as it would be necessary to avoid the multiplicity of the proceedings. the amendment is not permissible if the very basic structure of the plaint is changed or the amendment itself is not bona fide. in case the facts were in the knowledge of the party at the time of ..... of the nature of the suit, provided it does not give rise to entirely a new cause of action. an amendment sought in a plaint filed for specific performance may be allowed to be done without abandoning the said relief but amendment seeking for damages for breach of contract may be .....

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Jul 10 2006 (HC)

Pastor, Central Methodist Church Vs. Kailash Chand Saxena and ors.

Court : Allahabad

Decided on : Jul-10-2006

Reported in : 2006(4)AWC3773

..... statement was filed on 20.7.2000. civil judge (junior division), koil, aligarh by his order dated 21.12.2002 rejected the application mainly on the ground that in view of the provision of order vi, rule 17 as substituted by section 7 of the code of civil procedure (amendment) act, 2002, the amendment cannot ..... the subsequent developments, the appellant filed an application under order vi, rule 17 for the amendment of the plaint for adding paras 8 (a) to 8 (f) in his plaint. the trial court rejected his prayer and the revision petition filed against that order was dismissed by the high court vide order impugned ..... and demolished the wall on northern, eastern and western sides. the appellant filed the application for amendment of the plaint including incorporation of relief of recovery of damages. the trial court rejected the application and the revision filed against that order was dismissed by the high court. the apex court observed as ..... development as it would be necessary to avoid the multiplicity of the proceedings. the amendment is not permissible if the very basic structure of the plaint is changed or the amendment itself is not bona fide. in case the facts were in the knowledge of the party at the time of ..... of the nature of the suit, provided it does not give rise to entirely a new cause of action. an amendment sought in a plaint filed for specific performance may be allowed to be done without abandoning the said relief but amendment seeking for damages for breach of contract may .....

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Nov 03 2006 (HC)

Smt. Shail Agrawal Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Nov-03-2006

Reported in : AIR2007All55

..... a deficiency in court-fee may appeal against such order as if it were an order appealable under section 104 of the code of civil procedure.the party appearing shall file with the memorandum of appeal, a certified copy of the plaint together with that of the order appealed against.(2) in case an appeal is filed under subsection (1), and the plaintiff does ..... article 17(iii) of schedule ii of the court-fees act. the plaintiff therefore prayed that the report of the munsarim be set aside.3. the civil judge by an order dated 14-8-2006 rejected the objection raised by the plaintiff and upheld the report of the munsarim and directed the plaintiff to clear the deficiency of the court-fee so ..... court-fees act was required to be paid and that the plaintiff had only paid a certain amount and had not paid the entire amount of the court-fee. the civil judge, rejected the objection of the plaintiff, holding that the court-fee was required to be paid under section 7(iv-a) of the court-fees act and that article 17 ..... that the suit could be registered. aggrieved, the plaintiff has filed the writ petition under article 226/227 of the constitution of india praying for the quashing of the order of the civil judge .....

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Apr 25 2006 (HC)

Om Prakash and ors. Vs. Sri Kunwar Pal and anr.

Court : Allahabad

Decided on : Apr-25-2006

Reported in : 2006(3)AWC2550

..... thereafter fix a date for the appearance of the defendant for hearing. rule 1 (1) of order iv of the code of civil procedure states that every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf. rule 5 of order v lays down that the ..... prasad singh v. indrajit mahton air 1939 pat 160. in that order ix, rule 4, of the code of civil procedure, because the plaintiff, having been called upon to file process-fees and copies of plaint, had failed to comply with the court's order, and the suits were dismissed for default. the learned ..... aforesaid observation occurring in the impugned order has to be , understood in the context of the provisions contained in order ix rule 9 of the code of civil procedure and the implication arising thereunder as referred to hereinbefore. it cannot be lost sight of that in fact it is the satisfaction of the court ..... three years from the date when the right to apply accrues.8. in this view of the matter, therefore, the learned civil judge was not correct in his approach in rejecting the application of the plaintiff revisionist as beyond limitation on analogy of article 122 of the limitation act. the said application ..... it stands. in fact, in paragraphs 25 and 26 relevant in this context the said bench itself held that no appeal lies from an order rejecting the application under order ix for restoration of an earlier application under order ix made for setting aside the dismissal of the suit, inasmuch as the .....

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Aug 28 2006 (HC)

Jafar Mian S/O Sadaq Mian Vs. Smt. Qaiser Jahan Begum and ors.

Court : Allahabad

Decided on : Aug-28-2006

Reported in : AIR2007All5

..... praying for the possession of the property in question. the petitioner, who is subsequent purchaser, filed an objection under section 47 of the code of civil procedure, which was rejected by an order dated 18.1.2005 by the executing court. the petitioner preferred a revision which was also dismissed by a judgment dated ..... here-under:22. power to grant relief for possession, partition, refund of earnest money, etc.-(1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case ..... relief of possession or partition or separate possession 'in an appropriate case.' as pointed out earlier, in view of order 2, rule 2 of civil procedure code some doubt was entertained whether the relief for specific performance and partition and possession could be combined in one suit; one view being that the ..... relief for specific performance of the contract of sale. besides, the proviso to sub-section (2) of section 22 provides for amendment of the plaint on such terms as may be just for including a claim for such relief 'at any stage of the proceedings.'8. in view of the ..... it has been specifically claimed:provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.(3) the power .....

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Feb 16 2006 (HC)

Mohar Singh (Boring Wala) Son of Sri Gyan Singh Vs. Laxmi Chand Son of ...

Court : Allahabad

Decided on : Feb-16-2006

Reported in : AIR2006All168; 2006(3)AWC2312

..... high court proceedings in dispute had been initiated before rent controller. rent controller is not civil court and strict procedure of c.p.c. does not apply to proceedings before tribunals, which are not civil courts. in my opinion replica by plaintiff is nothing but amendment in the plaint. nomenclature is not decisive. replica may be taken to be part of the pleading only ..... , have been annexed as annexure no. 5 and 6 to the affidavit filed in support of the stay application. the judge small causes court has allowed the said application and rejected the objection of the revisionist and has taken the replica and the documents on record, which are challenged in the instant revision.4. counsel for the revisionist has laid emphasis ..... replication on 22.11.2005 seeking leave of the court is already on record. it cannot be said that the plaintiff has failed to comply with the provisions of the code or judge small causes court has exceeded his jurisdiction in permitting the replica to be taken on record in absence of such a leave. in the circumstances, decisions relied up ..... objection of the revisionist are that by means of the replication, the plaintiff has tried to fill up the lacuna, which cannot be allowed by the subsequent pleading under the code. i do not agree with the assertion of shri diwakar rai sharma, for the reasons that the plaintiff has specifically stated in paragraph no. 7 of the .....

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