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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2007 Page 1 of about 15 results (0.069 seconds)

Aug 16 2007 (HC)

Kashi Naresh Mehrotra Vs. Roop Narayan Chaudhari and ors.

Court : Allahabad

Decided on : Aug-16-2007

Reported in : 2007(4)AWC3463

..... basically and fundamentally it is the appellate jurisdiction of the high court which is being invoked in a wider and larger sense. section 115 of the code of civil procedure it was said circumscribes the limits of that jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of the ..... an amendment which does not require the necessity of leading evidence may however be granted in proper cases. mere delay may not be a sufficient ground for rejecting an amendment application but delay is certainly one of the factors which has to be taken into account by the court while disposing of the amendment application ..... section 115 remanded the case permitting the plaintiff to take the plea of non-applicability of act no. 13 of 1972.9. an amendment in the plaint can be allowed at any stage of the proceedings and even in a revision which like an appeal is also a continuation of the suit. the supreme ..... filed by the respondent raj narain chaudhury against the applicant and proforma defendants respondents shashi kala and others. in para 1 of the plaint it is alleged that the defendant applicant kashi naresh mehrotra is a tenant of the premises on behalf of the plaintiff. in para 3 of the ..... plaint it is stated that the plaintiff got the property in dispute in a family settlement dated 3.8.1988. in the written statement the .....

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Feb 14 2007 (HC)

Sarla Devi and ors. Vs. Ravindra Kumar and anr.

Court : Allahabad

Decided on : Feb-14-2007

Reported in : 2007(2)AWC1363

..... case.11. the counsel for the petitioners further submits that according to order xv, rule 5(1), explanation 3 and rule 2 of the code of civil procedure the tenant-respondent had to deposit the rent of january, 2005 up to 7.1.2005 and in case of default representation could be made ..... of the applications 56c and 66c simultaneously vide impugned order dated 20.9.2006 allowing the application of the respondent to deposit the defaulted rent and rejecting the application of the petitioners for striking off the defence.9. the petitioners challenged the aforesaid order dated 20.9.2006 before the district judge, ..... order for depositing the delayed rent from january to april, 2005 with 9% interest and cost; that the application of the petitioners has rightly been rejected by the court below, therefore, the writ petition is liable to be dismissed.15. in reply the petitioners have averred that the direction by ..... prayed for a writ of certiorari quashing the impugned orders dated 17.10.2006 and 20.9.2006 passed by the district judge, muzaffarnagar and the civil judge (senior division), kairana, muzaffarnagar respectively besides a writ of mandamus for striking off the defence of the respondent for nonpayment of rent by ..... , district muzaffarnagar against the respondent for having not paid the rent for the aforesaid period.6. the respondent filed his written statement denying the plaint allegations on 22.10.2002 and also filed an application dated 10.5.2005 (56-c) to allow him to deposit the rent of .....

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Jul 30 2007 (TRI)

Shrimal Plantation and ors. Vs. State Bank of India

Court : DRAT Allahabad

Decided on : Jul-30-2007

Reported in : I(2008)BC155

..... grounds taken in it was not maintainable. his further submission is that under order 29 rule 1 of the cpc principal officer of the bank has authority to sign the plaint and the provisions of s.b.i. act (act nos. 76 to 78 sections) authorize the principal officer to do ..... review taken from the side of the present appellant do not fall within the limited scope of review provided under order 47 rule 1 of the cpc. these grounds arc similar to the grounds of appeal filed in the instant case considering all these facts and above rulings when there are mala ..... grounds available for the appeal were taken in the review application. he has further pointed out that considering the provisions of order 47 of the cpc, the present appeal against the final judgment is not maintainable particularly when deliberately review application was filed knowing fully well that the review on the ..... no.r-616/2005 is against the judgment passed in original application and appeal no. r-615/2005 has been filed against order rejecting review application.3. learned tribunal rejected the application for review also and feeling aggrieved against this judgment passed on the original application as well as on application for review, ..... the time taken for prosecuting the application for review will not be excluded for making an appeal within time on the ground of bona fide prosecution of civil proceeding. in this ruling there is a reference of other cases also i.e. rulings, mahmood ali khan v. wazid ali khan a.i.r. .....

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Mar 15 2007 (TRI)

indo Irish Food Ltd. and ors. Vs. Central Bank of India and ors.

Court : DRAT Allahabad

Decided on : Mar-15-2007

Reported in : I(2008)BC128

..... voluminous as well as unnecessary and repetition of the earlier pleadings contained in the written statement.3. the learned presiding officer, d.r.t., jabalpur rejected the application for the amendment by passing the impugned order. hence, this appeal.4. the learned counsel for the appellant at the very outset ..... foods ltd., against an order dated 5th october, 2006 passed by learned presiding officer, d.r.t., jabalpur in original application no. 129/2002 rejecting the application for the amendment in the written statement.2. by moving an amendment application the appellant prayed before d.r.t., jabalpur in original ..... in the impugned order do not help the appellant in the instant case because the position of order vi, rule 17 before the amendment of civil procedure code by act 22 of 2002 was different than that of the present position. on this very point in the ruling, salem advocate bar association, ..... party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. he has challenged the observations of the learned presiding officer that there was the repetition of the same pleadings in the form of amendment sought ..... 1267, wherein hon'ble supreme court has observed that amendment of plaint is within the discretion of the court, it is not to be refused on technical grounds. it is also observed in that ruling that rules of procedure are intended to be the handmaid to the administration of justice. a .....

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Jul 13 2007 (HC)

Ram Palat Chaturvedi (Deceased) by L.Rs. Vs. Chandra Bali Shastri and ...

Court : Allahabad

Decided on : Jul-13-2007

Reported in : 2007(4)AWC4071

..... therefore, he was rightly not granted any relief sought for in the plaint. from the perusal of the record, it is also found that in the suit no permission has been sought for from the learned district judge under section 92 of the code of civil procedure, 1908 and therefore, it could not be treated as a suit ..... a de facto trustee or a trustee. the impleadment applications are not maintainable.11. under the provisions of order xxiii. rule 1 (1) of the code of civil procedure, it is settled law that the plaintiff having paid the court fees in a suit is dominus litus. the plaintiff has an absolute right to withdraw his ..... individual capacity claiming himself as manager/trustee.10. the said suit was dismissed by the trial court in terms of the provisions of section 92 of the code of civil procedure, 1908. the appellate court also held that the suit of the plaintiff was not maintainable as he was neither a de facto trustee nor a trustee ..... learned counsel for the appellant in support of the withdrawal application has submitted that in view of the provisions of order xxiii, rule 1 of the code of civil procedure, 1908, the plaintiff has a right to withdraw his suit at any stage and the appeal is the continuation of the proceedings and it is well ..... and the impleadment application no. 89125 of 2007 dated 4.4.2007 moved by one girlsh singh, appellant-proposed-plaintiff respectively are hereby rejected without costs.13. in the result, the appeal is dismissed as withdrawn/not pressed without costs. .....

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Jan 03 2007 (HC)

Manni Lal Gupta Vs. Waqf Haji Inayat HussaIn and anr.

Court : Allahabad

Decided on : Jan-03-2007

Reported in : 2008(2)AWC1955

..... facts and circumstances and not award cost arbitrarily or capriciously.45. as regards cost to be awarded in suit, sections 35a and 35b of the code of civil procedure take care of it. sections 35a and 35b of the c.p.c. are as under:35. costs.--(1) subject to such conditions and ..... for the revisionist to press the revision.heard the learned counsel for the opposite party and perused the record. it appears that the learned lower court rejected the revisionist's application for amendment of the written statement on the ground that the amendment application was not maintainable, ' as the trial had already ..... which the petitioner wanted to incorporate regarding vagueness of boundaries etc. were always available to him and in any case were part of record on the plaint. the amendment was not therefore, in respect of fact which was not in the knowledge of the petitioner or not on the record or some ..... sought by the petitioner was not necessary for determination of real controversy involved between the parties as it is apparent from the relief sought in the plaint quoted above in the judgment. it was only in respect of the godown of which boundaries are clearly and distinctly given. the order dated 24 ..... of the defendant from the godown situated in house no. 81/104, coolie bazar, kanpur fully bounded and described hereinbelow at the foot of the plaint be passed in favour of the plaintiffs and as against the defendant and possession thereof be got delivered to the plaintiffs through the agency of the .....

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May 24 2007 (HC)

Dr. Dinesh Sharma Vs. Additional District Judge and ors.

Court : Allahabad

Decided on : May-24-2007

Reported in : 2008(1)AWC973

..... of the commission of each such practice.(2) the petition shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 1908 (v of 1908), for the verification of pleadings.(3) the petition may be presented by any candidate in whose favour votes have been ..... whose election is questioned or by ten or more electors of the municipality or by a person who claims that his nomination paper was improperly rejected.(4) the person whose election is questioned and, where the petitioner claims that any other candidate should be declared elected in the room of such ..... the election of a person as mayor or deputy mayor may be questioned by any unsuccessful candidate or by any person whose nomination paper was rejected or by any member of the corporation by presenting a petition to the district judge exercising jurisdiction in the city on any one or more ..... objections to the said applications and the additional district judge, court no. 1, lucknow, after hearing the arguments advanced by the counsel for the parties rejected both the applications by means of order dated 15.3.2007.4. the order dated 15.3.2007 is being assailed by the petitioner in the ..... the additional district judge, court no. 1, lucknow, but instead appearance was put in by him and requested for supply of copy of the plaint. further he had participated in the proceedings and filed the objections raising preliminary objections with regards to the maintainability of the election petition, but no .....

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Mar 30 2007 (HC)

Oriental Insurance Co. Ltd. Vs. Manju and ors.

Court : Allahabad

Decided on : Mar-30-2007

Reported in : 2007ACJ1538; 2007(2)AWC1927

..... the high court of allahabad relied upon the following piece of observation of hon'ble supreme court in the earlier matter:section 115 of the code of civil procedure circumscribes the limits of the jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of the high court ..... is open to the insurer to file an appeal against an award on merits, if aggrieved. in any case where an application for permission is erroneously rejected, the insurer can challenge only that part of the order while filing the appeal on the grounds specified in sub-section (2) of section 149 ..... the act, which can call for interference of this court. the only specific ground has been mentioned therein that the court below illegally and arbitrarily rejected the application of the appellant insurance company under section 170 of the act, on the objection of the claimants on erroneous grounds, which is not ..... by the various recent judgments.5. according to us, the scope and ambit of preferring an appeal by the insurance company from an order of rejection passed by the court below under section 170 of the act is very limited because an insurance company is an agent of the insured, i.e ..... by the award, preferred the appeal from both the order and the award being forgetful that in case of rejection under section 170 of the act, the appeal lies, provided the order of rejection establishes cause under section 149(2) of the act. no such case has been made out in the appeal .....

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Mar 14 2007 (HC)

Shri Ram Niwas (Since Deceased) Through L.R. Vs. 1st Addl. District Ju ...

Court : Allahabad

Decided on : Mar-14-2007

Reported in : 2007(78)AWC2136

..... after taking into consideration the relevant judgments on the point held that such a suit is maintainable in view of rule 3 of order ii of the code of civil procedure. the judgment delivered in the case of ram chandra v. judge, small causes court (supra) was held per incurium and was overruled as is ..... framed. under that issue according to the tenant he was not in arrears of rent and the notice terminating tenancy being in praesenti, is invalid. rejecting the contention of the respondent tenant it was decided by the trial court earlier to the order of remand that the notice is valid. the said ..... alterations in the ground floor of the accommodation and has not incurred liability of eviction in respect of that portion, modified the relief claimed in the plaint and decreed the suit for ejectment from the first floor with proportionate cost and dismissed for the rest vide its judgment and decree dated 12th of ..... letting, rent and eviction) act, 1972 (hereinafter referred to as the u.p. act no. 13 of 1972). the suit was contested by denying the plaint allegations and the deposit was made under section 20(4) of the act, 13 of 1972. the trial court by its judgment and decree dated 14th of ..... has made material alterations on the first floor of the tenanted accommodation, as detailed in the judgment. the said judgment and decree was challenged by filing civil revision no. 124 of 1984 by the tenant. the revisional court in para 7 of its judgment found that the tenant has made the additions .....

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Mar 07 2007 (HC)

Badshah Khan Vs. Shree NaraIn Dharamshala Private Trust Through Its Ma ...

Court : Allahabad

Decided on : Mar-07-2007

Reported in : 2007(3)AWC2497

..... aforesaid judgments, the petitioner has invoked the writ jurisdiction by means of the instant writ petition.8. counsel for the petitioner contended that order xx, rule 4 of the code of civil procedure mandates that even ex parte decree should contain the points of determination/issues and decision thereon whereas in the instant case, the trial court has neither framed any issue nor ..... conclusion that the signatures of the petitioner in the acknowledgement card and uakalatnama tally.14. the contention of counsel for the petitioner that order xx, rule 4 of the code of civil procedure mandates that even ex parte decree should contain the points of determination/issues and decision thereon whereas in the instant case, the trial court has neither framed any issue nor ..... the respondents contended that the concurrent findings of facts recorded by the courts below need no interference in the writ jurisdiction and restoration application of the petitioner has been rightly rejected in view of settled position of law as has been held in harendra v. pradeep kumar 2005 acj 1510 and mew a ram and ors. v. state of haryana : [1986 ..... counter-affidavit, the averments made in the writ petition are to be treated as correct. applying the same analogy, in the absence of written statement, the averments made in the plaint ought to have been accepted as correct by the court below and, in this view of the matter, there is no illegality in the orders impugned. admittedly, no written statement .....

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