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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2008 Page 1 of about 26 results (0.032 seconds)

Dec 18 2008 (HC)

Smt. Hiramani Devi and anr. Vs. Sanjay Singh

Court : Allahabad

Decided on : Dec-18-2008

Reported in : 2009(1)AWC926

..... , this court is of the opinion that the submission raised by the learned counsel for the petitioner is bereft of merit. order vii, rule 11 of the code of civil procedure provides that the plaint would be rejected if the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the ..... . the notices were issued to defendant-petitioner no. 1, who appeared and filed an objection under order vii, rule 11 alleging that the suit was undervalued, and consequently, the plaint should be rejected. it was alleged that the munsarim had given a wrong report with regard to the sufficiency of the court-fee.3. based on the aforesaid application, the plaintiff filed ..... to do so. it clearly provides that if an objection with regard to undervaluation is taken by the defendant and the court finds that the suit is undervalued, it cannot reject the plaint straightway, but permit the plaintiff to rectify the defect and only upon its failure to do so that the court would proceed to ..... reject the plaint. similarly, section 6 (5) of the court fees act, as applicable in the state of u.p., provides as under:6(5) in case the deficiency in court-fee is .....

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May 02 2008 (HC)

Mohd. Kaisar Vs. Chabbili Devi

Court : Allahabad

Decided on : May-02-2008

Reported in : 2008(3)AWC2693

..... district judge, court no. 7, bareilly in election petition no. 34 of 2006 between chabbili devi v. mohd. kaisar rejecting his application under order vii, rule 11, code of civil procedure for rejection of the plaint.3. shri t.p. singh, learned counsel for the petitioner submits that the election petition was liable to be dismissed ..... also found that there was sufficient pleading supported by material particulars and thus the election petition was not liable to be rejected under order vii, rule 11 of the code of civil procedure.6. shri t.p. singh submits that the note of munsarim on the election petition is sufficient material to prove that ..... p.c. the written statement has to be filed within 30 days and with adjournment upto a maximum period of 90 days. the mandate of the code of civil procedure with regard to time frame within which the written statement has to be filed is relaxed by the supreme court in kailash v. narihku : air2005sc2441 ..... nagar panchayat, and were entitled to vote at only one place voted at two places and thereby all these 76 votes were liable to be rejected. one of the person was not present and was employed. the 21 persons had died before 3.11.2006 (the date of election) in ..... the election. the election petition has been filed with fishing and roving allegations, which do not constitute cause of action and was liable to be rejected.4. shri siddharth verma on the other hand submits that cause of action is the bundle of facts, which constitutes a cause to maintain a .....

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Feb 05 2008 (HC)

Shyam Ji Rastogi and ors. Vs. Bar Association and ors.

Court : Allahabad

Decided on : Feb-05-2008

Reported in : 2008(2)AWC2010

..... pass further order issuing a show cause notice upon the plaintiffs-appellants as to why the plaint should not be rejected under order vii, rule 11 of the code of civil procedure. admittedly, similar application has already been rejected by the court below in the earlier occasion. hence, according to us, any order ..... in such way should not be passed with undue haste. there is a proper procedure for the purpose of framing of ..... baldev dass : air2005sc104 , he stated that prima facie case is not attached to prima facie title, which the court below failed to appreciate and rejected the prayer for ad-interim order of injunction. at the time of grant of injunction only three aspects are to be seen by the court, i ..... they are the absolute owners of the chambers by succession/transfer. the number of the chambers is disclosed in the schedule annexed with the plaint. the bar association has always been recognizing the absolute rights of the plaintiffs-appellants and their predecessors. in june, 2007, the respondent bar ..... the accommodation of the barristers, vakils, pleaders and legal practitioners of the district of cawnpore for all purposes connected with their practice in the civil and criminal courts, their clients and for our bar library.thirdly.-- that if we shall, for three months after receipt thereof, fail to .....

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Dec 05 2008 (HC)

Smt. Prem Wati and anr. Vs. Smt. Munni Devi Alias Minakshi and anr.

Court : Allahabad

Decided on : Dec-05-2008

Reported in : 2009(2)AWC1099

..... appeal has been mentioned under order xli and xlii of the code of civil procedure. if section 100 of code of civil procedure is read with order xli and xlii together, then it will transpire that second appeal will lie only against the judgment and decree and not otherwise.9. now, the question would be whether rejection of an application filed under section 5 of indian limitation ..... ) of code of civil procedure is reproduced below:'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and ..... the definition given under section 2(9) of the code of civil procedure read with rule 32 of order xli of the same code. the full bench decision of calcutta high court in mamuda khateen and ors. v. beniyan bibi and ors. : air1976cal415 , has observed as under:an order rejecting the memorandum of appeal following the rejection of an application under section 5 of the limitation ..... act is a judgment in the eye of law as defined under section 2(9) read with order xli, rule 32 of the code of civil procedure and the copy of the formal order annexed with memo of appeal amounts .....

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Apr 09 2008 (HC)

Punjab and Sind Bank and anr. Vs. Manoram Agencies and ors.

Court : Allahabad

Decided on : Apr-09-2008

Reported in : 2008(3)AWC2624

..... plaint are not admitted. the notice dated 23.4.96 is illegal and ineffective. the cause of action of the present suit is based on the aforesaid illegal notice, as such no cause of action arose in the present suit. in the said circumstance, the suit of the plaintiff is liable to be rejected under order 7 rule 11 of the code of civil procedure ..... present case was based on the aforesaid illegal notice, the suit itself was liable to be dismissed under order vii rule 11 of the code of civil procedure. it was further asserted that previously the landlord had let out the building to the tenant m/s manoram agencies and subsequently an application ..... 25th april, 1996. the bank filed a written statement mentioning therein:9. that in reply to the contents of para 8 of the plaint it is respectfully submitted that the notice dated 23.4.96 is illegal and ineffective by which the plaintiffs have no right to terminate the ..... said notice. paragraph 11 of the plaint mentions that cause of action under these circumstances accrued in favour of plaintiffs after expiry of the period mentioned in the notice for the recovery ..... a contract' because only in such circumstances it would not be maintainable if it was filed by an unregistered firm.27. paragraph 8 of the plaint mentions that the tenancy of the defendant bank was terminated by the notice dated 23rd april, 1996, but the defendant failed to comply with the .....

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Apr 22 2008 (HC)

Jagdish Saran Vs. Ixth Addl. District Judge and ors.

Court : Allahabad

Decided on : Apr-22-2008

Reported in : 2008(3)AWC2592

..... 4.1973 to 13.11.1982)9. on 6.4.1973 the judgment-debtor shiv shankar filed objections under section 47 of code of civil procedure 1908 (hereinafter referred to as 'cpc') alleging that fresh tenancy rights had been created in his favour on the basis of an agreement between him and the landlord ..... the father of the petitioner contested an eviction proceedings, lost it, appealed against it, lost again, moved a revision only to be rebuffed by summary rejection by the high court. but the judge, in his clement jurisdiction, gratuitously granted over six months' time to vacate the premises. after having enjoyed ..... prem shankar tripathi v. first additional district judge, allahabad and ors. 1986 (12) alr 317 this court, in almost similar circumstances, quashed the plaint of a suit exercising its power under article 227 of constitution of india suo motu.40. these two decisions were followed by a learned judge of ..... saran be restrained from taking possession of the premises on the basis of orders passed in execution case no. 200 of 1972. along with the plaint an application for grant of temporary injunction was also filed. the munsif chandausi, however, this time by the order dated 29th may, 1992 granted ..... plaintiff dispossessed on the basis of the decree which had been put to execution in execution case no. 200 of 1972. along with the plaint an application for grant of temporary injunction was also filed with a prayer that the defendant be restrained from proceeding further in execution case no. .....

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Nov 28 2008 (HC)

Regional Manager, U.P. State Road Transport Corporation Vs. Compotar

Court : Allahabad

Decided on : Nov-28-2008

Reported in : 2009(2)AWC1111

..... by the name of union of india or by the name of state respectively. the apex court had also considered the provisions of section 79 of the code of civil procedure and rule 1 of order xxvii, c.p.c. and held as under:10. a plain reading of section 79 shows that in a suit by ..... is thought fit by the tribunal.13. section 169(2) gives power of civil court to the tribunal' and provides that the claims tribunal shall be deemed to be a civil court. therefore, the order i, rule 3, code of civil procedure, 1908, would apply and in a claim petition filed under section 166 of the act, 1988, the ..... is pending before this court. the request made by the learned counsel for the appellant seeking permission to amend the array of the appellant has to be rejected as the appellants did not disclose material facts before the apex court.17. since we have already held that u.p. state road transport corporation was the ..... union. therefore, from all points of view, the union of india was rightly held by the high court to be a necessary party. the petitioner was rightly rejected by the high court.9. almost similar question with regard to state came up before the apex court in chief conservator of forests, government of a.p. v ..... or by officers in their official capacity. rule 1 of order xxvii, c.p.c. says that in any suit by or against the government, the plaint or the written statement shall be signed by such person as the government may by general or special order appoint in that behalf and shall be verified by .....

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Sep 03 2008 (HC)

Raj Nath Pandey Vs. Jwala Prasad and ors.

Court : Allahabad

Decided on : Sep-03-2008

Reported in : 2008(4)AWC3666

..... to grant the relief claimed in the suit. against the said judgment and order the plaintiff preferred an appeal under section 96 of the code of civil procedure. the appeal was accompanied by a decree prepared by the trial court in the suit. the appellate court dismissed the appeal holding the suit ..... . notwithstanding that the appeal has not been preferred and argued on merits, a plain reading of the averments made in the plaint which are germane for either rejecting the plaint or dismissing the suit at the threshold, clearly demonstrates that the plaintiff has certainly abused the process of the court by initiating ..... civil procedure on the ground of public policy.14. in another case of similar kind, a division bench of this court in gulab chandra v. munsif west allahabad and ors. 1988 (1) awc 537, in exercise of powers under article 227 of the constitution of india quashed a plaint of a suit holding ..... for the relief claimed in the plaint as not maintainable. it was further held that the trial court committed no error of law in holding that ..... suit property through his father sharda prasad who had contested the previous proceedings right up to the supreme court. the aforesaid prayers made in the plaint, in short, are to the effect that it be declared that all the judgments and orders which have been passed in an unlawful manner .....

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Sep 24 2008 (HC)

Zaheer Ahmad Vs. Hauz Wali Masjid and ors.

Court : Allahabad

Decided on : Sep-24-2008

Reported in : 2009(1)AWC483

..... any dispute, question or other matter relating to a wakf or wakf property and shall be deemed to be a civil court and shall have the same powers as may be exercised by civil court under the code of civil procedure, while trying a suit or executing a decree or order. not only this but section 85 of the act, ..... within their local limits as defined under the notifications constituting such tribunal and they shall be deemed to be civil court and shall have the same powers as may be exercised by a civil court under the code of civil procedure while trying a suit or executing a decree or order and further by virtue of the provisions of ..... 9.2007 and 12.9.2007 under section 83 of the act, before the wakf tribunal. it is stated that the respondents filed an application 34c for rejecting the plaint under order vii rule 11, c.p.c., which has been decided vide order dated 14.1.2008. against the said order dated 14.1.2008 ..... management of wakf and wakf property and sought relief for permanent injunction against the petitioner. in the said application which is in the shape or form of a plaint in a suit, the respondents no. 1 to 3 have also moved application under order xxxix, rules 1 and 2 read with section 151 for temporary ..... the petitioner filed a civil revision no. 42 of 2008 in which an interim order has been passed on 31.1.2008. the said order has been extended from .....

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Jul 08 2008 (HC)

Krishan Kumar S/O Shri Hridaya Prakash Vs. Smt. Ruchi D/O Late Roshan ...

Court : Allahabad

Decided on : Jul-08-2008

Reported in : 2008(4)AWC3390(All); II(2008)DMC706

..... the appeal arising out of dismissal of the suit under section 9 of hindu marriage act, 1955 which was dismissed under order vii rule 11 of code of civil procedure, 1908 (hereinafter referred to as c.p.c.).2. the contention of the plaintiff/appellant is that whether the marriage was at all solemnized or ..... the boy is unilateral.6. we find that the family court has adopted a procedure under order vii rule 11 c.p.c. in rejecting the plaint. rule 11 is applicable only on the following grounds;11. rejection of plaint.--the plaint shall be rejected in the following cases:(a) where it does not disclose a cause of action ..... ;(b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;(c) where the relief claimed is properly valued but the plaint ..... requisite stamp-paper within a time to be fixed by the court, fails to do so;(d) where the suit appears from the statement in the plaint to be barred by any law; (e) where it is not filed in duplicate;(f) where the plaintiff falls to comply with the provisions ..... , the provisions of c.p.c. will be applicable to such proceedings, yet the family court has held that it can lay down its own procedure to conclude the proceedings as early as possible. the same has been made for the purpose of settlement or at the truth of the facts alleged .....

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