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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2006 Page 2 of about 45 results (0.151 seconds)

Jan 19 2006 (HC)

Reva Enviro Systems (P) Limited Vs. State of U.P. Through Its Institut ...

Court : Allahabad

Decided on : Jan-19-2006

Reported in : [2006]148STC279(All)

..... vide para 3 (ii) of the counter affidavit.' in this connection the further pleading is that the application moved by the petitioner for rectification has been rejected on 19.7.2001 as time barred by the tribunal. therefore, the order dated 3.12.1997 remains unamended to the extent that there is no ..... principle of section 72 of the indian contract act. it is to be noted that in para 29 the apex court observed ' but the rules or procedures are handmaids of justice and not its mistress. it is apparent in the scheme of act that; ;ales tax is leviable only on valid transaction. if ..... as the case may be.23. the rights and obligations of the parties must be found within the four corners of the act but in interpreting relevant procedural provisions, fairness and justice should be the approach and even in a fiscal statute, equity should prevail wherever' language permits, as observed by the supreme ..... the proper course is to look into the main order namely the points adjudicated in the order. the other things naturally follows it, which are more procedural in nature and they do not effect the ultimate outcome or decision of such appeal on merits.21. emphasis of the respondents on the 'form' of ..... principle of restitution is well recognized principle of law and finds place in section 144 of cpc 1908. this exposition of law has been approved by a division bench of this court in a judgment yet to be reported in civil misc. writ petition no. 62 and 63 of 2006 ellora mechanical products pvt. limited .....

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May 09 2006 (HC)

Suresh Chandra Sachdeva Vs. Smt. Nirmala Gupta

Court : Allahabad

Decided on : May-09-2006

Reported in : 2006(3)AWC2894

..... under section 25 of provincial small causes court act, against the order dated 27.2.2006, passed by the court below rejecting application no. 32c filed by him under section 10 of the code of civil procedure to stay further proceedings of s.c.c. suit no. 42 of 2004 till the disposal of original suit no. ..... court. great emphasis was laid by the learned counsel for the applicant that proceeding of the present suit be stayed under code of civil procedure. it may be noted that in para 18 of the plaint the present applicant has stated that he has been receiving single rent receipt of rs. 3,000 per month towards rent ..... of the apex court in t. arivandandan v. t.u. satyapal : [1978]1scr742 . to the effect if on a meaningful-not formal reading of the plaint, it is manifestly vexatious and meritless, in the sense of not disclosing a clear right to sue the trial court should exercise its power under order vii, rule ..... that fraud perpetrated upon a person who could discover the truth with due diligence, fraud is not proved, should be kept in the mind when examining the plaint of suit no. 789 of 2004.' the courts of law are meant for imparting justice between the parties one who comes to the court must come with clean ..... was brought to his notice by the son of landlady, what a lame excuse is. i have perused copy of the plaint of suit no. 789 of 2004. in para 16 of the plaint the present applicant has given the ground for declaring rent agreement as null and void. the said paragraph is reproduced below: .....

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Aug 03 2006 (HC)

Sukh Lal Son of Late Manglawa and ors. Vs. Deputy Director of Consolid ...

Court : Allahabad

Decided on : Aug-03-2006

Reported in : 2006(4)AWC4153

..... court of limited jurisdiction was not competent to try such subsequent suit in which such issue has been subsequently raised.7. section 11 of the code of civil procedure makes it that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in ..... whether earlier judgment of the high court rendered in writ petition no. 19055 of 1985 is binding on petitioners? in this regard section 11 of code of civil procedure is relevant which is being quoted below for ready reference:11. res judicata.-no court shall try any suit or issue in which the matter ..... to property in dispute. a contention that judgments other than those falling under sections 40 to 44 of the evidence act were not admissible in evidence was expressly rejected. again b.k. mukherjea, j. (as he then was) speaking on behalf of a bench of four learned judges in sital das v. sant ..... evidence act (1931, p.181) was not accepted by lord blanesburgh in collector of gorkahpur v. ram sunder .10. for the aforesaid reasons, we reject the contention of the learned counsel for the respondent-plaintiff and hold that the ttd could rely on the judgment in os 51/37 as evidence to ..... such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.explanation v- any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.explanation vi-where persons .....

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May 18 2006 (HC)

Bal Kishan Bansal Son of Purushottam Das Bansal Vs. Pramit Bansal Son ...

Court : Allahabad

Decided on : May-18-2006

Reported in : AIR2006All305; 2007(1)ARBLR47(All); 2006(4)AWC3509

..... general law. it is a fundamental principle of law that where there is a right there is a remedy. section 9 of the code of civil procedure confers this general right of suit on aggrieved person except where the cognizance of the suit is barred either expressly or impliedly. a ..... learned counsel for the applicant submitted that in view of fact that partnership agreement contains an arbitration clause, therefore, jurisdiction of civil court is barred and court below committed illegality in rejecting the said application. elaborating the arguments it was submitted that in view of section 8 of arbitration and conciliation act, ..... same is barred under the provisions of arbitration and conciliation act 1996 in view of arbitration clause between the parties. the said application has been rejected by the court below by order under revision. aggrieved against the aforesaid order the present revision has been filed.3. heard shri m.m.d ..... relief to set aside an order of another authority.16. the apex court in prem raj v. ram charan : [1974]3scr494 observed that the plaint, which makes a request to the court, is an application. however, written statement was held not to be an application because it does not include ..... para 8 of the report it is clear that in that suit, the applicant had filed an application 'praying for referring the dispute pending before civil court to the arbitrator as part of clause 40 of the dealership agreement dated 26th march 1997'. the applicant had also enclosed a copy of .....

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Nov 22 2006 (HC)

Shiv Rani W/O Sri Sanjeev Kumar Vs. the District Judge and ors.

Court : Allahabad

Decided on : Nov-22-2006

Reported in : AIR2007All84

..... of the aforesaid provisions and the purpose/object behind it.8. the relevant part of the concerned provisions is to be reproduced here. section 80 of the civil procedure code relevant for our purposes is quoted at this place:80. notice - (1) save as otherwise provided in sub-section (2) no suit shall be instituted ..... want of notice under section 80 c.p.c. and the notice under section 106 of the u. p. panchayat raj act, 1947 has been rejected.3. before proceeding to deal with the submission so advanced, a brief notice of small undisputed facts will be necessary. petitioner happens to be winning candidate ..... the nature of the reliefs sought, the amount of compensation, if any, claimed and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left. (2) no action such as is described in subsection (1) shall be ..... the court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1). (3) no suit instituted against the government or against a public officer ..... his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint contain a statement that such notice has been so delivered or left.(2) a suit to obtain an urgent or immediate relief against the government (including .....

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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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Aug 29 2006 (HC)

Anjum Kausar Khan Vs. Rashidan

Court : Allahabad

Decided on : Aug-29-2006

Reported in : 2007(2)AWC1537

..... for proceeding further in the case.5. the counsel for the petitioner contends that amendment was not maintainable in view of proviso of order vi, rule 17 of the code of civil procedure which provides that:the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may ..... statement and by the amendment the nature of suit could not be changed but the multiplicity of proceedings of the suit could be avoided. the application for amendment of the plaint was therefore, allowed on payment of rs. 100 costs against which a revision has been filed as stated earlier.11. in so far as the question of decision by the ..... was recorded on 20.12.2004. thereafter, the respondent filed an amendment application dated 30.3.2005 vide paper no. 42-ga by which following amendment was sought in the plaint by adding paragraph 6 (a).6v&;g fd izfroknh us oknuh dh fookfnr nqdku ls ysam ykmz f'ki ls budkj fd;k gs] tcfd oknuh fookfnr nqdku dh ysam .....

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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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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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Oct 06 2006 (HC)

Dinesh Kumar Paliwal Vs. Smt. Pushpa Paliwal and anr.

Court : Allahabad

Decided on : Oct-06-2006

Reported in : 2007(2)AWC1595

..... proceedings of the writ petition is not in continuation of the suit inasmuch as the same was filed against the order rejecting application under section 10 of the code of civil procedure and the substitution made in the writ petition will not enure to the proceedings of suit no. 286 of 1984.17 ..... trial court as there was no judgment on facts upon the merits of the case. the orders of the trial court are merely of rejection of application for substitution of legal heirs and representatives of deceased ramesh paliwal and of automatic abatement for non-substitution of legal heirs and ..... filed application seeking to set aside the order of abatement and also to condone the delay in filing the substitution application which were also rejected vide order dated 31.7.2004 by the trial court on the ground that the application for substitution has already been dismissed on 16. ..... defendant from interfering with the possession of the plaintiff over the suit property. the defendant filed his written statement denying the allegations made in the plaint. the trial court, on an evaluation of oral and documentary evidence adduced by the parties decreed the suit. the defendant preferred an appeal ..... wife of sri krishna dutt paliwal.4. ramesh dutt paliwal sole defendant of suit no. 286 of 1984, filed his written statement repudiating the plaint allegations. the defendant denied the relationship of landlord and tenant between the parties and claimed himself to be the owner of the property on the .....

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