Skip to content


Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2011 Page 1 of about 30 results (0.073 seconds)

Feb 04 2011 (HC)

Sabbir Ahmad and Others. Vs. Additional District Judge and Others.

Court : Allahabad

Decided on : Feb-04-2011

..... pronounced." the aforesaid provision also enables the court to require even admitted facts of the plaint to be proved if so considered necessary by the court. in line with the above provisions as contained in the code of civil procedure, a reference to section 58 of the evidence act, 1872 may also be relevant. ..... satnam singh v. surender kaur in paragraphs 14 and 15 observed as under:- "14. a 'decree' is defined in section 2 (2) of the code of civil procedure to mean the formal expression of an adjudication which, so far as regards, the court expressing it, conclusively determines the rights of the parties with regard ..... case of balraj taneja (supra), the supreme court observed as under:- "judgment" as defined in section 2(9) of the code of civil procedure means the statement given by the judge of the grounds for a decree or order. what a judgment should contain is indicated in ..... 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 determination of any question within section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal ..... a decree was resisted on behalf of judgment debtor by the purchaser, who had purchased it subsequent to the attachment before judgment. the objections were rejected and the appeal was also dismissed .in execution second appeal, the argument advanced was that the purchaser was a representative of the judgment debtor and .....

Tag this Judgment!

Apr 29 2011 (HC)

Gopal singh visharad and ors Vs. jahoor ahmad and others

Court : Allahabad

Decided on : Apr-29-2011

..... unanimous decision, if any, though contained in separate decisions of all the three judges. 3. for the purpose of preparation of decree the procedure prescribed in the high court rules read with code of civil procedure (hereinafter referred to as "cpc") has to be observed. 4. the procedure for preparation of decree is contained in order xx rules 6, 6a, 7, 8, 9 and 18 of ..... 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 determination of any question within section 144, but shall not include,(a) any adjudication from which an appeal lies as an appeal from an order; or(b ..... in the decree particularly considering the fact that description of parties in decree is consistent with what it is in the plaint as it was on the date of judgment. request, therefore, as made vide para 1 of application is hereby rejected. 78. similarly with respect to defendant no. 6 the information about his death is not on record and none has ..... sought any substitution. the description of parties in decree is consistent with description as contained in the plaint on the date of judgment, hence we do not find any reason .....

Tag this Judgment!

Mar 18 2011 (HC)

Bhanu Pratap Mehra Vs. M/S Brij Leasing (P) Ltd. and Others

Court : Allahabad

Decided on : Mar-18-2011

..... had been filed at the time of presentation of the suit in compliance of order 7 rule 14 read with order 29 rule 1 of the code of civil procedure, 1908 (hereinafter referred to as c.p.c.).3. the respondents filed an interim stay application on which the revisionist filed objection about the maintainability ..... is not happy, it could have called upon the company to file an affidavit of competency, which is desirable under such circumstances, but not outright rejection of the plaint. therefore, from any angle the order/s impugned appear to be perverse in nature.thus, in totality the orders impugned in both the appeal cannot be ..... .1.2011 passed by the additional district judge, court no. 10, agra by which the application of the revisionist 65-c claiming rejection of plaint summarily has been rejected.2. m/s brij leasing (p) ltd. filed a suit no. 812 of 2009 through its director sri avin jain against the revisionist. ..... resolution of the board by which sri avin jain has been authorised to file the suit. therefore, the suit is not maintainable and liable to be rejected.7. in support of the contention he relied upon the decisions of the delhi high court in the case of m/s. nibro limited v. national ..... the plaint was duly signed and verified by sri avin jain. the plaint was filed through counsel sri n.k. gupta, who has also signed the plaint. the suit was .....

Tag this Judgment!

Feb 01 2011 (HC)

irfan Ali Vs. Akhil Bharat Manav Sansthan Mandal Anand Niketan and Ano ...

Court : Allahabad

Decided on : Feb-01-2011

..... market, bareilly against the petitioner. 3. the defendant petitioner filed his written statement controverting the allegations made in the plaint. an application under order 15 rule 5 of the code of civil procedure was filed by the plaintiff for striking off the defence against which no objection was filed by the defendant petitioner. ..... the defendant has defaulted in depositing the rent and has also failed to make any representation within the terms of rule 5 of order xv, code of civil procedure ? 7. the question was answered thus:- " it seems to us on a comprehensive understanding of rule 5 of order xv that the true ..... of rent due as it provided under order 15 rule 5 c.p.c. but the courts below have committed an error of jurisdiction in rejecting the representation of the petitioner as such the order striking off the defence of the petitioner is penal in nature. according to him, the ..... application directing striking off the defence of the petitioner. aggrieved by the aforesaid order dated 10.6.2010, the petitioner filed representation, which too was rejected by the court below vide order dated 30.8.2010, against which revision was filed by the petitioner before the court of district judge, bareilly. ..... the aforesaid revision was also rejected vide order dated 30.9.2010, hence the instant writ petition has been filed for quashing the aforesaid orders dated 10.6.2010, 30.8 .....

Tag this Judgment!

Feb 01 2011 (HC)

Smt. Sharifunnissa and Others Vs. Kaviullah

Court : Allahabad

Decided on : Feb-01-2011

..... market, bareilly against the petitioner. 3. the defendant petitioner filed his written statement controverting the allegations made in the plaint. an application under order 15 rule 5 of the code of civil procedure was filed by the plaintiff for striking off the defence against which no objection was filed by the defendant petitioner. ..... the defendant has defaulted in depositing the rent and has also failed to make any representation within the terms of rule 5 of order xv, code of civil procedure ? 7. the question was answered thus:- " it seems to us on a comprehensive understanding of rule 5 of order xv that the true ..... of rent due as it provided under order 15 rule 5 c.p.c. but the courts below have committed an error of jurisdiction in rejecting the representation of the petitioner as such the order striking off the defence of the petitioner is penal in nature. according to him, the ..... application directing striking off the defence of the petitioner. aggrieved by the aforesaid order dated 10.6.2010, the petitioner filed representation, which too was rejected by the court below vide order dated 30.8.2010, against which revision was filed by the petitioner before the court of district judge, bareilly. ..... the aforesaid revision was also rejected vide order dated 30.9.2010, hence the instant writ petition has been filed for quashing the aforesaid orders dated 10.6.2010, 30.8 .....

Tag this Judgment!

Sep 21 2011 (HC)

Sharad Tripathi Vs. Bhishm Shanker Alias Kushal Tiwari and Others

Court : Allahabad

Decided on : Sep-21-2011

..... in other words, they must be such facts as would afford a basis for the allegations made in the petition and would constitute the cause of action as understood in code of civil procedure, 1908. the court further says that the expression 'cause of action' mean every fact which it would be necessary for the plaintiff to prove, if traversed, in order ..... wise statement in the following proforma.annexure for tabulating trends/resultsnumber and name of constituency _________round number _______ date ________ table no.123456totalbrought from previous roundcumulative totalpolling booth no.rejected votetotal voteinitial of roinitial of roinitial of roinitial of roinitial of roinitial of roinitial of roinitial of observerinitial of observerinitial of observerinitial of observerinitial of observerinitial of observerinitial of ..... material facts would include positive statement of facts as also positive averment of a negative fact, if necessary. to attract order vii, rule 11, the court should look at the plaint and nothing else. 61. in v.s. achuthanandan v. p.j. francis and anr., 1999(3) scc 737 the court said that material facts are such primary facts ..... the court to strike out the pleadings whenever certain contingencies contemplated therein exist. a perusal of entire provisions makes it clear that it may not be necessary to dismiss a plaint in its entirety, even if certain parts of the pleadings are ordered to be struck out or amended, inasmuch as, despite such order, cause of action may survive .....

Tag this Judgment!

Mar 16 2011 (HC)

Sri Hans Kumar Vs. Madan Gopal Rastogi and Others

Court : Allahabad

Decided on : Mar-16-2011

..... . shyam saran) without impeading the petitioner. on coming to know about filing of release application, the petitioner filed an application under order 1 rule 10 cpc read with section 34 of the act for being impleaded in the proceedings. the said application was contested by the respondents no. 1 to 4 by ..... filing objections. respondent no. 5 also filed his written statement denying the plaint allegations stating therein that all the co-landlords have not been impleaded in the proceedings. the prescribed authority vide order dated 5.3.2011 rejected the said impleadment application holding that third party hans kumar is not necessary ..... been partitioned and a partition suit being partition suit no. 281 of 2002 (hans kumar v. vijay pal & others) is pending consideration before the vith civil judge (s.d.) meerut. 5. the respondents no. 1 to 4 on the strength of 84% share in their favour have been keeping the ..... for a writ of certiorari quashing of the aforesaid order and also a writ of mandamus commanding the prescribed authority/civil judge (senior division), meerut to implead the petitioner as party to the proceedings and to hear and decide the p. a. case no. ..... for the parties and perused the record. this writ petition is directed against the order and judgment dated 5.3.2011 passed by the prescribed authority/civil judge (senior division), meerut in p.a. case no. 08 of 2005, appended as annexure-7 to the writ petition. the petitioner has prayed .....

Tag this Judgment!

Apr 27 2011 (HC)

Sri Pradeep Kapoor Vs. Sri Laxmi NaraIn Kapoor and Others

Court : Allahabad

Decided on : Apr-27-2011

..... 1. this is a revision under section 115 of the code of civil procedure (hereinafter referred to as 'cpc'), filed by the plaintiff in suit no. 1048 of 1999 against the order dated 23.5.2009, passed by the civil judge, senior division, court no.5, agra in misc. case no. 43 of 2008.2. the ..... 1/141, agra will belong exclusively to the plaintiff, sri pradeep kapoor. in the application under sections 151 and 152 of the cpc by which a rectification has been sought in the plaint, it is stated that plot no. 148 at fatehabad road, agra in village tora was also acquired by sri l.n. ..... would give rise to substitution of one property in place of another, particularly, having regard to the change in the j.l. number, was rejected by the executing court and the said order has been upheld by the high court. in appeal, the supreme court reversed the order of the high ..... the plaintiff, pradeep kapoor is not going to be benefited. 16. in view of the above, since the parties agree for the rectification in the plaint, in the interest of justice and to avoid multiplicity of proceedings, in the peculiar facts and circumstances of the case, it would be appropriate that the ..... against the said judgment and decree. the said decree indisputably has been affirmed up to supreme court. subsequently, plaintiff filed application for amendment of the plaint as also of the5 decree containing the schedule describing the said property. the objection by the defendant that the application for the amendment, if allowed, .....

Tag this Judgment!

Apr 05 2011 (HC)

Ravindra Giri Goswami and Another Vs. Daraganj Ram Leela Committee, Da ...

Court : Allahabad

Decided on : Apr-05-2011

..... 3,4 and 5 (iind set) namely bhagwati prasad saxena, bhuneshwari prasad saxena and gyatri prasad saxena moved an application under order 1 rule 10 cpc on 28.9.2005 praying that they may also be impleaded as defendants to the suit. they claimed themselves to be necessary parties as the property ..... by the court of first instance in original suit no. 729 of 2005 ravindra giri goswami and another v. sri daraganj ram leela committee and another rejecting the application paper no. 56-a for the impleadment of respondents no. 3,4 and 5 (iind set) in the revision.2. the plaintiff ..... no. 912/566 daraganj, pargana and tehsil- sadar, allahabad city having area of 500 sq. yards more particularly described by the boundaries in the plaint on the allegation that the aforesaid property was in the shape of a house belonging to rai radha raman agrawal which ultimately devolved upon durgesh agrawal ..... opinion that the court below committed material irregularity in exercise of its jurisdiction. thus, the judgment and order dated 27.1.2006 passed by the civil judge (sr.6 division), allahabad in original suit no. 729 of 2005 impugned in this revision is set aside, revision is allowed with the direction ..... 10.2.2005 on the basis of which the plaintiff revisionists are claiming title over the property in question. the said suit is pending before the civil judge (senior division) allahabad in a court of concurrent jurisdiction.9. the only argument of sri ajit kumar, learned counsel for the plaintiff revisionists .....

Tag this Judgment!

Jan 04 2011 (HC)

Rameshwar Singh and Another Vs. District Judge, Faizabad and Others

Court : Allahabad

Decided on : Jan-04-2011

..... therefore, under the strength of the said decree having been attained the locus to challenge the sale deed, the respondents filed the suit, which cannot be rejected merely on the basis of a technical plea raised by the petitioners. the cause of action of the present suit is the illegal transaction of sale, which ..... the trial court allowing the amendment on the basis of the provisions of order 2, rule 2 cpc which provides that if a party could seek a particular relief at the time of the institution of the plaint and does not ask for the said relief, it would amount to waiver, relinquishment of such ..... for permanent injunction, against the petitioners, which is pending consideration. subsequently they also filed a suit being suit no.241 of 2004 in the court of civil judge (senior division), faizabad seeking a decree for declaration of a sale deed executed in favour of the petitioners as void. the petitioners raised objection against ..... pandey, learned counsel for the opposite parties. 2. the petitioners have challenged the order dated 20th of july, 2010, passed by the additional civil judge (senior division) faizabad in original suit no.241 of 2004 as also the order dated 10th of november, 2010, passed by the district judge, faizabad ..... in civil revision no.215 of 2010. before the trial court the issue for decision was; whether the suit is barred by order 2 rule 2 c. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //