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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2009 Page 1 of about 12 results (0.167 seconds)

Jan 15 2009 (HC)

Kamala Pati Tiwari and anr. Vs. Smt. Lalita Devi and ors.

Court : Allahabad

Decided on : Jan-15-2009

Reported in : 2009(2)AWC1072

..... written pleadings or in the oral statement and, therefore, in view of the provisions of order viii. rule 5 of the code of civil procedure, the facts alleged in the plaint would be deemed to be admitted and require no further proof and the suit of the plaintiffs-appellants could not have been dismissed ..... virtue of the provisions of order viii, rule 5 of the code of civil procedure the plaintiff was not required to lead any further evidence for proving the family settlement dated 15.5.1952 and the courts below have erred in rejecting the same.8. learned counsel for the appellant has placed reliance ..... his written statement. consequently the very application of the provisions of order viii, rule 5 of the code of civil procedure cannot be strictly made in the present case. the allegation of fact made in the plaint regarding partition was specifically denied in the written statement. the parties were co-sharers is admitted and ..... hebbar (supra) has no application on the facts of this case.17. for the aforesaid reasons the question whether the family settlement could be rejected since it was not registered need not be gone into nor would be decisive for the reason that the findings recorded by the courts below on ..... nor any evidence was led by him regarding the family settlement and therefore, on being not registered and not duly proved, it was rightly rejected by the trial court as affirmed by the lower appellate court. he also states that the alleged family settlement dated 15.5.1952 was not .....

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May 08 2009 (HC)

Udnapur Co-operative Handloom Weavers Society Vs. Special Additional D ...

Court : Allahabad

Decided on : May-08-2009

Reported in : AIR2009All134

..... adjournment if sufficient cause is shown. the proviso provides that no such adjournment shall be granted more than three times. the provisions of the code are procedural in nature hence the court in its inherent power can grant further adjournment for valid reasons. but refusing further adjournment cannot entitle a litigant to ..... the three adjournments the court had allowed the application of the defendant and had set aside the ex parte decree.8. rule 3 of order 17 cpc enables the court to proceed notwithstanding the failure of the parties to produce evidence. it contemplates failure of a party 'to perform any other act ..... for filing written statement on payment of costs. neither the written statement was filed nor the costs imposed were paid. in rule 2 of order 17 cpc the court is empowered to impose costs for granting adjournment and clauses (c) and (d) relate to circumstances when adjournment is sought on the ground ..... to pass judgment blindly merely because a written statement has not been filed by the defendant traversing the facts set out by the plaintiff in the plaint filed in the court. in a case, specially where a written statement has not been filed by the defendant, the court should be a little ..... 50/- was imposed for granting further time. yet another application for adjournment was moved which was rejected by the court and the case was directed to proceed and was decided under order 8, rule 10 cpc on 27-1-1998. from these facts it cannot be held that the court was required to .....

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Feb 06 2009 (HC)

Smt. Murti Devi and ors. Vs. Vth Additional District Judge and ors.

Court : Allahabad

Decided on : Feb-06-2009

Reported in : 2009(2)AWC1535

..... in execution case no. 712 of 1988, smt. maya devi filed objections under section 47 of the code of civil procedure (misc. case no. 48 of 1988) claiming that the decree was a nullity. the objections were rejected by the civil judge on 16.10.1988, against which the revision no. 259 of 1988 was dismissed on 17. ..... misc. case no. 301 of 1988, smt. maya devi v. smt. murti devi, in which the objections under section 47 read with section 151 of code of civil procedure were partly allowed and the decree of ejectment was held not to be executable. by the judgment and order dated 23.11.1990 the vth additional district ..... no. 88/1982 in which she did not get any injunction. the plaint was returned on the ground that the suit was filed in the wrong court. the civil judge, hapur thereafter in suit no. 199 of 1988 on the same plaint again rejected the injunction application.10. the issue, whether there was any relationship of ..... the witness of rent note dated 29.10.1948 and p.w. 3 sri ram gopal is also the witness of the said rent note corroborated the plaint case. i don't find any reason to disbelieve the sworn testimony of these witnesses.lastly p.w. 4 sri ram rich pal was also examined ..... munsif, hapur had no jurisdiction to entertain the suit. the plaint was returned for presenting to appropriate court, on which maya devi filed o. s. no. 199 of 1988 in the court of civil judge, hapur and again applied for injunction. her application was rejected. she again filed objections under section 47, c.p.c. .....

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May 29 2009 (HC)

Smt. Mamta Dubey Vs. Rajesh Dubey

Court : Allahabad

Decided on : May-29-2009

Reported in : AIR2009All141

..... of the matter, the counter claim filed by the defendant for restitution of conjugal rights before the court below was barred by order xxiii rule 1 (4) of the code of civil procedure as admittedly prior to the filing of the counter claim, the defendant had filed a suit under section 9 of the hindu marriage act for restitution of conjugal rights before ..... other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. the date of desertion mentioned in the plaint is 26.11.1996 and the suit was filed on 24.07.1998 i.e. before the expiry of two years from the date of alleged desertion. thus, the finding ..... issue nos. 1 and 3. 15. before examining the submissions made by the learned counsel for the appellant that the conduct and behaviour of the defendant as alleged in the plaint do not amount to cruelty and the trial court totally misconstrued the meaning and import of cruelty, it is necessary to examine the law laid down on the subject. 16 ..... alternative but to file the suit for divorce. 4. that the said suit was contested by the defendant wife who filed her written statement on 29.05.2000 denying the plaint allegations in general. the defendant-appellant however in paragraphs-25, 32 and 39 asserted that the plaintiff was living in adultery with his colleague ms. deepti rawal. she also alleged .....

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May 22 2009 (HC)

Daya Ram Budhrani Vs. Addl. District Judge/Special Judge (Anti Dacoity ...

Court : Allahabad

Decided on : May-22-2009

Reported in : 2009(3)AWC2859

..... possession of the property. this suit was eventually dismissed by the trial court, against which, a civil appeal was filed. an application under order vi, rule 17 of the code of civil procedure was filed by the defendants seeking permission of the court to amend its written statement and incorporate paragraphs ..... air 1967 sc 106, was an outcome of fraud, and therefore, it becomes necessary and imperative to amend the written statement. this application was rejected by the lower appellate court, against which, the present writ petition has been filed.4. having heard the learned counsel for the parties, this court ..... came to know about its existence and therefore, contended that the amendment application was within time and should be allowed.8. the lower appellate court rejected this contention holding that the supreme court had passed a judgment in jafar ali shah (dr.) (supra), of which the defendant had knowledge, ..... appropriate remedy was to await the result of the appeal and, if aggrieved by the appellate order, the defendant could have challenged the order rejecting the amendment application in an appropriate second appeal by taking a ground as provided under section 105, c.p.c.5. however, since ..... way of rebuttal, to support his stand, but could not be permitted to amend the written statement.6. documents are filed to support the plaint case or the evidence of the petitioner in the written statement. filing of documents cannot lead to amendment of the written statement. the defendant .....

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Feb 16 2009 (HC)

Bharat Petroleum Corporation Ltd. Vs. Kunwar Vishwanath Chandra and or ...

Court : Allahabad

Decided on : Feb-16-2009

Reported in : 2009(2)AWC1450

..... :10. before parting with the case we may also refer to order vii, rule 3 of the code of civil procedure, which provides:where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can ..... be identified by boundaries or numbers in a record of settlement of survey, the plaint shall specify such boundaries ..... the case of ganesh (supra), it will be seen that the law requires that the description of the property in suit given in the plaint must be sufficient to identify such property. it has been held that if independently of the boundaries, the property can be sufficiently identified then ..... his second submission that the property was not properly identified so as to entitle the plaintiff-appellant to a decree. from the record, it appears that the plaint has given identification of the property as under:(1) east - bareilly - tanakpur road.(2) west - land of roop narayan.(3) south - land of ..... the premises in question to the landlord. he has further submitted that insofar as the boundaries of the premises in question detailed in the plaint are concerned, the same are exactly the boundaries given in the agreement dated 7.5.1962 executed between the parties and therefore, the reference .....

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Jul 31 2009 (HC)

Krishna Kumar Vs. Vyas Shiksha Prasar Samiti

Court : Allahabad

Decided on : Jul-31-2009

Reported in : 2009(4)AWC3518

..... be accepted as a matter of course. in fact, there is no specific provision in the code for accepting additional evidence in revision or under provincial small causes court act to do so but procedure provided in code of civil procedure is followed in a suit before the judge, small causes court and, therefore, only provision ..... arguments from findings recorded in the impugned judgments and, therefore, contention of the counsel for respondent is that objection of petitioner's counsel are liable to be rejected.11. sri k.m. garg, has placed reliance on a decision of the apex court; eastern equipment and sales ltd. v. i.n.g. ..... under order xli, rule 27, c.p.c. alongwith appeal. the said case was one in which an application under order xli, rule 27 was rejected and upheld by the high court. however, a direction was given by the apex court to the lower appellate court that application under order xli, rule ..... recognition certificate are to be necessarily maintained in record of the institution and kept in office of the school, since this was the sole ground for rejecting the suit, therefore, original copies are also brought on record.8. in fact, this is not a fact in support of which documents were ..... whom rent was being paid and the fact that society was a registered society and also recognized, those documents were brought on record to substantiate plaint and replication as well as specific reasons for not filing original documents also brought to the notice of the court, who did not raise any .....

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Jan 23 2009 (HC)

Raghuvir Singh Vs. Ivth Additional District Judge and ors.

Court : Allahabad

Decided on : Jan-23-2009

Reported in : 2009(2)AWC1580

..... for restoration of possession. an application for restoration of possession was filed by him under section 151 of the code of civil procedure alleging that he was dispossessed during the pendency of the suit, when the interim order of injunction was enforced. the application was rejected. more than a year, thereafter, an application was made for withdrawing the suit on the ground that the ..... summary manner without taking evidence, and that the defendant was required to file a suit for possession on the ground that they were wrongfully dispossessed.11. section 144 of the code of civil procedure, 1908 provides:144. application for restitution.-(1) where and insofar as a decree [or an order] is [varied or reversed in any appeal, revision or other proceeding or is ..... writ petition was pending in the high court. the civil judge allowed the plaintiff to withdraw the suit. after the withdrawal ..... singh v. smt. prabhawati devi and ors. for permanent injunction restraining the defendant, first set, from interfering in his rights on the suit property given at the foot of the plaint, on the allegations that he had purchased 3/4th portion of plot no. 2602 area 0-7-1 dhoor and plot no. 2603 area 0-6-14 and plot no .....

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Jan 23 2009 (HC)

Rajiv Mishra Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jan-23-2009

Reported in : 2009CriLJ2619

..... ', 'amar ujala' and 'aaj', on 22-9-2007. (v) the informant rajan kumar jaiswal and eye-witnesses of the incident in their statements under section 161 of the code of criminal procedure, while confirming the first information report, have also confirmed that around the place of incident, the maintenance of public order and public peace has been disrupted, and panic and ..... no. 4 (jail superintendent, district jail, gorakhpur) that the petitioner was informed regarding the said radiogram on 8-1-2008; and that thereafter, after receiving the copy of the rejection order of the representation from the central government, the same was served upon the petitioner on 14-1-2008.19. the matter was referred to the advisory board under section ..... (4) of section 11 provides that except that part of the report, the proceedings of the advisory board and its report shall be confidential. under the scheme and the procedure provided under the act, the order of preventive detention is passed against an individual on a concentrated consideration about his past and present conduct and likely future conduct, his association ..... . 9. 'public order' is synonymous with public safety and tranquillity: 'it is the absence of disorder involving breaches of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the state'. public order if disturbed, must lead to public disorder. every breach of the peace does not lead to public disorder. when two .....

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Jul 06 2009 (HC)

islamuddIn Vs. Sri Umesh Chandrara Tiwari and anr.

Court : Allahabad

Decided on : Jul-06-2009

Reported in : 2009(4)AWC3680

..... by article 215 of the constitution, but certainly was not derived from act, 1971, and, therefore, not within the purview of the indian penal code or the code of criminal procedure. however, the jurisdiction of contempt is of a special nature and should be used sparingly. in ananta lal v. a.h. watson : ..... order of another authority. relying to its earlier judgment in prem raj v. ram charan (1974) 2 scc, the apex court 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 ..... therefore has no application in this case, since therein. it is not is dispute that the matter relates to an applications(petition) filed before the civil court for setting aside the award.75. thus, the judgment in pallav sheth (supra), in our view, cannot be said to be an authority ..... that every application, reference or motion for taking proceedings under the contempt of court's act, 1971 shall mention, whether it relates to commission of civil contempt or criminal contempt, and where the allegations constitute both, separate applications shall be moved. rule 3 refers to motion or reference under section 15 ..... the date when the proceedings were initiated for contempt that is when the application is filed before the advocate general or this court. similarly for civil contempt, filing of an application drawing the attention of the court for further steps to be taken under act, 1971 would be the date .....

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