Court : Guwahati
Decided on : Feb-01-2001
..... or revision that a suit or appeal was not properly valued for jurisdictional purposes.- (1) notwithstanding anything in section 578 of the code of civil procedure, an objection that by reason of the over-valuation or under-valuation of a suit or appeal a court of first instance or lower ..... in meenakshi sundaram chettiar v. venkatachalam chettiar, air 1979 sc 989, the supreme court held that order 7, rule 11, cpc, casts a duty on the court to reject a plaint where the relief claimed is undervalued, and if on the materials available before it, the court is satisfied that the value ..... of relief as estimated by the plaintiff in a suit for accounts is undervalued, the plaint is liable to be rejected. the supreme court further observed in the said case that it is therefore necessary that the plaintiff should take care that the valuation ..... where it appears to the court on a consideration of the facts and circumstances of the case that the valuation is arbitrary, unreasonable and the plaint has been demonstratively undervalued the court can examine the valuation and revise the same. in sujir keshav nayak v. sujir ganesh nayak, air 1992 ..... by the plaintiff cannot be arbitrary and unreasonable. both mr. goswami and mr. chattarjee submitted that had the suit been valued properly, the plaint would have been returned for filing in the appropriate court having pecuniary jurisdiction and against the decree passed by such appropriate court the appellant would .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-31-2001
..... petition does not disclose any cause of action it is liable to be rejected. insofar asthe elected candidate is concerned he is merely to refute the allegations made by the petitioner in accordance with the provision of code of civil procedure.12. in view of the above legal position, now it has to ..... of any rule made thereunder, every election petition shall be tried by high court, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 to the trial of the suits. section 83 provides for 'contents of petition' and the relevant provision of the said section is ..... or(c) which is otherwise an abuse of the process of the court.' (b) rule 11 of order 7 reads as follows - 'rejection of plaint. - the plaint shall be rejected in the following cases :- (a) where it does not disclose a clause of action;(b) where the relief-claimed is undervalued, and the ..... 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 :(provided that the time fixed by the court for the correction of the valuation or supplying of 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 .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-04-2001
..... to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right; (provided that the plaint shall be rejected if he does not pay either at the time of the institution of the suit or within such time thereafter as the court may allow), the ..... may be mentioned here that if the application does not contain the particulars as prescribed under rule 2, the application shall be rejected under rule 5. rule 3 of order 33 of cpc prescribes that such an application seeking leave of the court to sue as an indigent person is to be presented by the ..... d. majumder, the learned addl. govt. advocate for the respondents.2. this appeal has been filed under section 96 of the cpc against the order dated 19.1.2001 passed by the learned civil judge, senior division no. 2, west tripura, agartala in suit no.m.s. 110/1999.3. upon hearing the learned counsel ..... the plaintiff also filed a separate application seeking leave of the court to file the suit as an indigent person under the provision of order 33 of cpc. this application was registered as misc.(p) no. 123 of 1999. it appears that the said application was taken up for hearing under the provision ..... applicant or his agent underrule 4 and when the court finds no reason to reject the application under rule 5 and after giving notice to the opposite party and the government pleader the matter shall be heard following the procedure prescribed under rule 7. when the application is allowed, it shall be registered and .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-30-2001
..... order dated 25.6.2001 passed in title suit no.272/89 by the learned civil judge (jr. division) no. 1 at karimganj by which the prayer for amendment of the plaint under order 6, rule 17 read with section 151 cpc has been allowed.4. the facts in brief are that the plaintiff/respondent has ..... .15. in bk narayana pillai v. parameswaran pillai and ors. case (supra), the apex court dealing on the provisions of order 6, rule 17 of cpc, in para 3 observed as follows:'the purpose and object of order 6, rule 17 is to allow either party to alter or amend his pleadings in ..... new case which would result in taking the entire evidence afresh. by such impugned amendment the entire concept of the provisions of order 6, rule 17 cpc has been defeated and accordingly the impugned order allowing amendment deserves to be set aside.7. supporting his argument mr. goswami relied on a decision of ..... /respondent preferred an application under order 6, rule 117 read with section 151 cpc seeking amendment of the said plaint by way of insertion of the ground of 'defaulters' in addition to already taken ground of 'bona fide requirement'.5. the learned civil judge on perusal of the said application and upon hearing the parties, on ..... at any time to come up with the new plea as mentioned in the amendment petition.14. rejecting the said submissions made on behalf of the petitioner,mr. sarma barua pleads that in para 14 of the plaint, in the prayer portion, the plaintiff prayed for any other relief to which the court may be .....Tag this Judgment!
Court : Guwahati
Decided on : Oct-19-2001
..... plaintiff has not been valued, the learned counsel has further argued that the learned trial court instead of proceeding to grant injunction ought to have rejected the plain under order 7 rule 10 of the code of civil procedure. mr. roy has also argued that the equitable relief of injunction is not a matter of course and can only be granted subject to the ..... additional prayer directing the defendant-municipal corporation to resolve the dispute by ascertaining the correct position of the byelane was also made on the basis of averments made in the plaint and injunction petition to the effect that the plaintiffs were in possession of the building in respect of which an injury was threatened by the new construction and such possession ..... regard before the defendant no. 3 namely, chief executive officer, shillong municipal board as also the proforma defendant no. 4 namely, deputy commissioner, shillong. it is stated in the plaint that pursuant to the said complaint a joint inspection on the site was carried out by the authorities and a report was prepared which was forwarded to the competent authority ..... present appellants i.e. the defendants in the suit from proceeding with the construction undertaken by the appellants/defendants. along with the plaint, the respondents/ plaintiffs had filed an application under order 39 rule 1 and 2 of the code of civil procedure praying for injunction. ad interim order of injunction was also prayed for. the case of the respondents/ plaintiffs in the suit .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-27-2001
..... at the time of admission, the high courts have been issuing notices and generally deciding the second appeals without adhering to the procedure prescribed under section 100 of the code of civil procedure. it has further been found in a number of cases that no efforts are made to distinguish between a question of ..... for recovery of possession, mesne profit from 15.4.1979 and also for other relief. 3. the above factual position as narrated in the plaint was rejected and denied by the defendant by filing written statement and claimed that the suit in question a joint family property and he is a co-sharer ..... 2, guwahati in title suit no. 72 of 1986 by which the suit filed by the plaintiff-respondents for possession of the land and house thereon by rejecting the defendant -appellant was decreed in favour of the plaintiff-respondents. 2. the plaintiff/respondent, being the owner of the suit premises, allowed his cousin, ..... be safely held that the concurrent finding of fact howsoever erroneous cannot be disturbed by the high court in exercise of power under section 100 cpc unless those are contrary to the evidence of record but in the instant case, it has not found that the courts below have basically ignored ..... being a joint family property as claimed by him. referring to order viii rule 4 and 5 cpc mr. roy contended that there must be a specific denial of certain allegation made in the plaint and evasive denial is not permissible under the law. 11. judicial authority referred on behalf of the .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-28-2001
..... the petitioners as well as mr. b.b. narzary, learned counsel for the respondents.2. this revision petition under section 115 of the cpc is against the appellate judgment & order dated 12.8.1998 passed by the civil judge (sr. divn.). darang mangaldoi in misc. (a) no. 6/98 and misc (j) no. 35/98. by the aforesaid ..... as may be the same duties as are conferred and imposed by the court of trial court. again, sub-rule (2) of order xliii prescribes that the procedure prescribed under rules of order xli shall apply so far as may be to appeals from orders. and rule 33 of order xli prescribes that the appellate court ..... this order of injunction is appealable. now, the question is, power of appellate court for hearing an appeal against an order of temporary injunction. section 107 of the cpc prescribes the power of the appellate court. sub-section (1)(a) provides that the appellate court shall have the power to determine the case finally and under sub- ..... 50/96. the title suit was brought by the respondents herein as plaintiffs for declaration of title and injunction in respect or the suit land described at the plaint the schedule-c. the case of the plaintiffs is that they inherited the suit land from their forefathers and they are in possession of the same. the ..... the high court.12. for the aforesaid reasons and conclusion, i do not find any substance in the revision petition. accordingly the revision petition stands rejected. interim order, if any, passed by this court shall stand vacated. no costs. .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-12-2001
..... (air 1969 sc 1335) (supra) and hold that article 137 of the 1963 limitation act is not confined to applications contemplated by or under the code of civil procedure. the petition in the present case was to the district judge as a court. the petition was one contemplated by the telegraph act for judicial decision ..... has stood overruled, the order of the high court is unsustainable. the appeals are accordingly allowed, and the application made to the court by the respondent stands rejected.'(iii) s. rajan v. state of kerala and ors., (1992) 3 scc 608. that was a case under the arbitration act of 1940 and in ..... this court pointed out as follows : '9. it must follow that the application which a corporation is required to file under section 31 is not a plaint, the proceeding is not a suit and the order confirming the order of attachment and directing sale is not a decree. there is no provision in ..... the provisions of the act held that an application for any of the reliefs that can be granted under the act was not certainly a plaint in a suit for recovery of mortgage loan and that it was not even something akin to a suit by a mortgagee to recover mortgage money ..... reference to the district court which seems to be the meaning implied by the definition applicable thereto. the district judge under the telegraph act acts as a civil court in dealing with applications under section 16 of the telegraph act.'.and thereafter in paragraph-21 considered the following : 'the changed definition of the words .....Tag this Judgment!