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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: jammu and kashmir Year: 2001 Page 1 of about 4 results (0.102 seconds)

Nov 19 2001 (HC)

Habibullah Shora Vs. Jalla Bano and anr.

Court : Jammu and Kashmir

Decided on : Nov-19-2001

Reported in : AIR2002J& K101

..... of the disputed property as agents of the nazir who has been appointed as custodian by the criminal court under section 145 of the code of criminal procedure. the appellants agree and undertake to this court that if their suits are dismissed by the trial court, they shall hand over vacant ..... by the respondents before the hon'ble chief justice of this court, which was decided vide order dated 20-7-1985. the transfer application was rejected with the direction to the learned sub-judge (chief judicial magistrate), srinagar, to decide the suits on or before 10-8-1985. it seems ..... the first appellant to amend the plaint so as to put the title in issue in the suit. with these observations the appeal stands disposed of. the proceedings under section 145, code of criminal procedure, shall be treated as closed on the disposal of the two suits pending in the civil court.'3. while deciding the ..... that since the presiding officers of the trial courts were not deciding the civil suits, the suits may be withdrawn from the courts of subordinate judge and taken on the file of this court. this application was, however, rejected vide order dated 25-3-1991 with further direction to the presiding officer ..... additional district judge, srinagar, under file no. 2/ 87 which was also rejected on 26-10-1987 by the said court. against this order of rejection revision petition no. 185/1987 was submitted before this court which was rejected vide order dated 31-3-1988 with direction to the trial court to prepare .....

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Mar 30 2001 (HC)

Yog Raj Vs. Kuldeep Raj Gupta and anr.

Court : Jammu and Kashmir

Decided on : Mar-30-2001

Reported in : AIR2002J& K12

..... . this was a case where the parties had arrived at compromise. if this be the situation, then the strict compliance of order 34 of the code of civil procedure is not required. this broad proposition of law does not require support of judicial precedent. however, a decision which has been quoted by the counsel ..... a compromise and only thereafter he should enter into a compromise. this witness was unable to recollect as to whether he had seen the copy of plaint with yog raj. this witness had also cautioned yog raj that by entering into this compromise, he is likely to lose possession of the shop. ..... the defendant no. 2 also filed his written statement. as this defendant was not concerned with the assertions made in paragraphs 1 to 9 of the plaint he has not offered any comments with regard to these paragraphs. however with regard to the paragraphs concerning him i.e. paragraphs 11, 12, 13 and ..... specifically pleaded that appellant was never inducted as a tenant by defendant no. 1, the plea of the appellant as taken in para 4 of the plaint that in fact a tenancy was created in his favour was specifically denied. it was further stated that partnership was dissolved by executing a deed of dissolution ..... conduct his case. all this as per the appellant was a fraudulent transaction with a view to obtain a consent decree. in para 4 of the plaint it is submitted that the vakalatnama which was earlier obtained for using in the taxation courts was utilised. a compromise deed is also said to have .....

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Jan 23 2001 (HC)

Rasool and ors. Vs. Haji Usman and ors.

Court : Jammu and Kashmir

Decided on : Jan-23-2001

..... (air 1981 sc 1533), their lordships in the matter of an amendment to the plaint in the context of order vi rule 17 cpc. observed :-'..........the plaintiff claimed that some properties had not been fully and correctly described in the original plaint schedule and that due to ignorance some properties had been omitted. the high court ..... . in the facts and circumstances of the case, , allowing the amendment for the purpose indicated falls within the conspectus of law laid down in permitting amendment of plaint. 12. in nichhalbhai vallabhai and ors v. jaswantlal zinabhai and other (air 1966 sc 997) shri ramaswi j. speaking for the court observed :'....... and it ..... identity of every item of property in the final decree proceedings. we think that it is desirable that the plaintiff should be permitted to amend the plaint now itself so that the defendant may raise whatever objections he may seek to raise in the written statement to be filed by him.......'10. the ..... irrigated and fed water by chesma yakus with reference to relevant khasra nos. and other revenue record. the reason given for wrongly describing this land in plaint is the conflicting revenue extracts issued by the authorities. the wrong description of cheshma as dasus instead of its correct description as yakus is alleged to ..... 1. sub judge (cjm) kargil vide his order of may 15, 1996 allowed amendment of plaint in civil suit titled mohammad and ors v. rustum and others no.13 of 1986 on the file of sub-judge (cjm's) court kargil .....

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Feb 20 2001 (HC)

Ahad Dar Vs. Maqbool Dar and ors.

Court : Jammu and Kashmir

Decided on : Feb-20-2001

Reported in : 2003(2)JKJ590

..... 28.7.1984 executed by father of petitioner in favour of respondent no. 2 was nullity. this suit is pending disposal in the court of munsiff, judicial magistrate anantnag. while rejecting the application for interim relief prayed by the plaintiff, the munsiff anantnag vide order dated 31.12.1998 directed the parties to maintain status-quo with regard to the suit ..... dated 12.8.1984 though this document was already registered but it appears that its effect was not given in the revenue records because of the stay order. however, the plaint does not describe the property in respect of which status-quo order was passed. subsequently, on the application of the petitioner, the tehsildar executive magistrate passed order dated 28.6 ..... of an order of injunction passed by the civil court the parties do violate the peace and try to take forcible possession of the land from one another. in such a situation the police or the weaker party would not be absolutely debarred from initiating proceedings under section 145 of the code of criminal procedure...' a magistrate acting under section 145 cr.p ..... has passed an order of status-quo. the civil court has declined to grant injunction. however, vide order dated 31.12.1999 had directed the parties to maintain status-quo with regard to the suit property. the suit property admittedly is not described in the plaint. assuming that it is known to the parties, the order is only to maintain status-quo .....

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