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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2006 Page 3 of about 45 results (0.076 seconds)

Aug 22 2006 (HC)

Hira Lal and ors. Vs. Ram Das

Court : Allahabad

Decided on : Aug-22-2006

Reported in : 2007(1)AWC148

..... step of filing the written statement, thought the date for that purpose may be mentioned in the summons, for the reasons that it is permissible under the code of civil procedure for the defendant to file written statement even thereafter but prior to the first hearing when the court takes up the case. it cannot, therefore, be ..... date of hearing' means the date mentioned in the summons duly served. in that case as well, the defendant appeared and prayed for copy of the plaint which was supplied to him on 27.10.1994 and 21.11.1994 was fixed for filing written statement and hearing 21.11.1994 was construed to be ..... rs. 9,750. if copy of the plaint was not served upon them, it is beyond comprehension as to how they calculated the exact amount. he further submitted that the judge, small causes court has ..... the findings recorded by the trial court vide order dated 14.9.1993.11. he submitted that on the one hand the petitioners allege that copy of the plaint was not served upon them and on the other, they have calculated the actual balance rent, cost of the suit etc. and deposited an amount of ..... served by the method of substituted service and it was common ground that the summons were not accompanied by plaint. but in the case in hand, there is no such plea that the summons were not accompanied by plaint.22. the cases of mam chand pal v. smt. shanti agarwal (supra) and ashok kumar and ors .....

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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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Aug 18 2006 (HC)

Justice Birendra Dikshit (Retired) and ors. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Aug-18-2006

Reported in : 2006(4)AWC3618

..... may be, the court will not entertain the point. there is a distinction between a hearing under the code of civil procedure and a writ petition or a counter-affidavit. while in a pleading, i.e., a plaint or written statement, the facts and not the evidence are required to be pleaded. in a writ petition ..... the law, had every right to interfere in the matter and remove the obstructions. even otherwise in exercise of powers under section 133 of the code of criminal procedure, such an order could be passed. therefore, the order passed by the collector, which has been duly executed on 11.2.2006 as is ..... in nazul register by the collector on being satisfied that it was so necessary because of the successive transfer or assignment. rule 5a deals with the procedure prescribed for mutation in the name of transferees in the records accordingly. the mutation is also to be made by the collector. sub-rule (4) ..... dismissed. more so, in case petitioners claim any exclusive title or right over the said passage, the only remedy available to them is to file a civil suit for declaratlop of their rights. in view of the above, the petition is liable to be dismissed.9. we have considered the submissions made ..... order dated 6.2.2006 on the ground that the same is patently without jurisdiction as the collector has no right to interfere in the private civil dispute of the parties. there is no common passage and unauthorized encroachment by the petitioners over any part of the aforesaid nazul plot. the petitioners .....

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Jan 17 2006 (HC)

Rakesh Kumar Gupta Vs. Ashok Kumar Gupta and anr.

Court : Allahabad

Decided on : Jan-17-2006

Reported in : 2006(3)AWC2488

..... arrived at a conclusion that the questions to be determined in the two suits are substantially different and, therefore, the application 60-ga has been rejected. besides, the aforesaid consideration, the court has also recorded finding that the jurisdiction of a suit for eviction on the ground of arrears of ..... been instituted by the revisionist, the proceeding in the subsequent suit pending before the judge small causes court should be stayed. this application has been rejected by means of the impugned order. submission on behalf of the revisionist is that since both the suits relate to determination of the rate of rent ..... is maintainable before the judge small causes court, whereas the injunction suit is proceeding in the regular civil court. therefore, i am satisfied that no illegality has been committed by the judge small causes court while rejecting the application under section 10, c.p.c. the revision lacks merits and is, accordingly, ..... he may not be evicted otherwise than in due process of law. counsel for the revisionist has tried to place paragraph no. 4 of the plaint, where it was averred that the landlord is insisting for enhancement of the rent to the tune of rs. 10,000 (rupees ten thousand) per ..... the two suits. but he did not refuse an injunction on the finding that the bombay plaintiff had an alternative remedy in section 10 of the code, as thought by the learned judge, holding thereby that the subject-matter of the two suits or their 'causes of action' were identical, but .....

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Jan 13 2006 (HC)

Rama Shanker Kesari Alias Patali Vs. Ist A.D.J. and ors.

Court : Allahabad

Decided on : Jan-13-2006

Reported in : 2006(2)AWC2103

..... the written statement. if such amendments are allowed the plaintiff will be irretrievably prejudiced by being denied the opportunity of extracting the admission from the defendants. the high court rightly rejected the application for amendment and agreed with the trial court.further reliance has been placed on the case in heeralal v. kalvan mal and ors. 1998 rd 140 (sc), ..... no. 2 aggrieved by the aforesaid judgment and decree filed an appeal. before the appellate court an application for amendment for changing the total nature and relief of the plaint claimed before the trial court was filed. in spite of the objection by the petitioner to this effect that the present application for amendment is not maintainable as the plaintiff ..... singh v. raj kumar aneja : [2002]1scr817 , the hon'ble supreme court deprecated the practice adopted by the courts entertaining the application under order vi, rule 17 of the code containing very vague and general statements of facts without having necessary details in amendment application enabling the court to discern whether the amendment involves withdrawal of an admission made earlier ..... (1996)2scc25 and b.k. narayana pillai v. parameshwaran pillai and anr. : air2000sc614 . however, a party cannot be permitted to move an application under order vi, rule 17 of the code after the judgment has been reserved. (vide arjun singh v. mohindra kumar and ors. : [1964]5scr946 ).9. a constitution bench of the hon'ble supreme court in municipal corporation of .....

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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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Jan 31 2006 (HC)

Committee of Management, Rama Devi Balika Inter College Vs. Mohd. Iqba ...

Court : Allahabad

Decided on : Jan-31-2006

Reported in : AIR2006All163; 2006(3)AWC2474

..... sent to the trial court where the petitioner-defendant moved application (79-c) for abating the suit for not recording substitution in the plaint. the trial court rejected this application on the ground that substitution had already been recorded in the proceedings of revision before the district judge. it is against ..... the matter the application (79-c) moved by the petitioner had absolutely no merit and it has rightly been rejected by the courts below.6. as regards formal amendment in the plaint by way of substitution of the deceased plaintiff it is definitely a must. it has to be recorded and for ..... application is required to be given in the trial court also for the purpose of incorporating amendment in the array of the parties in the plaint. but in case the plaintiff has failed to move this formal application it will not amount abating the suit- in the present view of ..... article 226 of the constitution of india has been moved challenging the order dated 26-11-2005 passed by the district judge in civil revision no. 674 of 2005 rejecting the revision of the petitioner.3. in a suit for permanent injunction the plaintiff had died. when a matter in revision arising ..... that order that the petitioner preferred the aforesaid civil revision in which the impugned order has been passed4. sri ravi kant, the learned senior advocate .....

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May 01 2006 (HC)

i.B.P. Company Limited (Business Group (Petroleum)), (Government of In ...

Court : Allahabad

Decided on : May-01-2006

Reported in : 2006(4)AWC3465

..... decision of the court. such a course is an extension of the doctrine of court sponsored compromise embodied in section 89 c.p.c.(introduced in the year 2000). such procedural innovation is permissible while hearing writ petition under articles 226 and 227 of the constitution.4. parties agreed for fixation of monthly rent in between rs. 10,000/- to 13 ..... determining the market value for arriving at the aforesaid figure.12. as far as the demand of the landlord for interest and cost of the suit is concerned it is rejected in part and accepted in part. tenant is not liable to pay any interest. however, tenant shall pay the court fees which has been paid by the landlord on the ..... plaint of eviction suit.13. the writ petition is, therefore, disposed of in terms of the above directions.14. for non-payment of rent landlord also filed suit for eviction and ..... 10 c.p.c. on the basis of the pendency of the above noted writ petition. the application was allowed on 10.01.2005. against the said order the aforesaid civil revision no. 81 of 2005 was filed. the said revision is also disposed of with the direction that the landlord shall withdraw the said suit within two months from today .....

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Jan 25 2006 (HC)

Ram Narayan S/O Baiznath Vs. Rakesh Tandon S/O Krishna Kant Tandon,

Court : Allahabad

Decided on : Jan-25-2006

Reported in : 2006(3)AWC2700

..... judge has passed the following orders:-the application has become infructuous as the judgment has already been delivered in the case sough for transfer. the same is accordingly rejected.8. in such circumstances, the petitioner submits that as the petitioner was fully apprehending that he will not get any justice from that court and an application ..... in any manner whatsoever over the land of plot no. 1612 area 18 x 09 situated in village lahar gird, jhansi. the allegations made in the plaint were that the petitioner had purchased the said area by a registered sale deed on 21.7.1990 from prakash narain tandon mukhtare am and son of the ..... district judge on transfer application.18. in view of the aforesaid fact, i am of the opinion that he order passed by the vith additional district judge in civil revision no. 7 of 1998 (secretary v. ram narain) dated 27.10.1999 is liable to be quashed the matter is remitted back to the revisions! ..... was in so haste or interested in deciding the revision in spite of the fact that he was having full knowledge regarding pendency of the application for transfer of civil revision no. 7 of 1998 pending before the district judge16. in view of the judgment in p.k. ghosh, i.a.s. and anr. v. ..... suit no. 488 of 1991 in respect of the same property is pending in the court of munsif jhansi and the suit is not cognizable by the civil courts on the pleadings of the parties the trial court has framed nine issues on 5.3.1994 thereafter issue nos. 10 and 11 were added on .....

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Feb 16 2006 (HC)

Subha Maheshwari Vs. Rajul Maheshwari and anr.

Court : Allahabad

Decided on : Feb-16-2006

Reported in : 2006(3)AWC2544; I(2006)DMC764

..... directed deletion of issue no. 2. that does not give an occasion for deleting the aforesaid three paragraphs of the divorce petition. the order passed by the court below, thus, rejecting the application under order 6 rule 16, c.p.c. moved by the petitioner is wholly justified and does not warrant any interference in extraordinary jurisdiction of this court under ..... court below has dismissed the prayer of the petitioner for deleting those facts from the pleadings of the divorce petition, i do not find that any sort of illegality or procedural irregularity has been committed. the aforesaid issue no. 2 which is framed as 'whether o.p. has illicit relations with ajay batra as alleged' appears that the same on the ..... order of the family court dated 16.7.2005 whereby the prayer of the petitioner for deletion of paragraphs 2, 4 and 5 of the divorce petition has been partly rejected.3. the petition of divorce made by the respondent no. 1 before the family court is on the ground of cruelty. for that purpose certain facts have been pleaded in ..... the aforesaid three paragraphs of the plaint stating that the petitioner wife had been in illicit relations with one ranveer and subsequently a second man ajay batra. this act of the wife has given a lot of .....

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