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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: patna Year: 2001 Page 1 of about 11 results (0.035 seconds)

Jan 28 2001 (HC)

Sudhir Kumar Verma Vs. Sri Ashok Kumar Sah and anr.

Court : Patna

Decided on : Jan-28-2001

..... -petitioner has filed the present civil rev sion under section 115 of the code of civil procedure (hereinafter referred to as 'the code') against the order dated 5-2-2001, passed by the subordinate judge v. patnacity, in title suit no. 40 of 1997, rejecting his prayer for amendment of the plaint.2. the facts necessary for ..... costs and error or mistake which, if not fraudulent, should not be made a ground for rejecting the application for amendment of plaint or written statement. 13. thus, the law of amendment being a procedural one and its only aim being to advance cause of administration of justice, the court should ..... parties and to prevent miscarriage of justice due to bona fide mistake committed in the pleading.8. order vi rule 17 of the code is like other procedural law and it has been enacted with no other aim than to facilitate the task of administration of justice. under the aforesaid rule ..... amendment keeping in view the liberal provisions contained in the aforesaid sections. unless the said prayer is mala fide one, the same cannot be rejected on the ground of limitation.20. in this case, in suit for specific performance of contract, the plaintiff has only prayed for alternative relief ..... claim for refund of money was barred, by limitation under the provisions of the limitation act. the trial court, after hearing the parties, rejected the prayer of the plaintiff-petitioner for the proposed amendment on the ground that the relief sought to be amended was barred by limitation on .....

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Aug 17 2001 (HC)

Ganesh Chandra Jha Vs. Parmeshwar Thakur and ors.

Court : Patna

Decided on : Aug-17-2001

..... their plaint for a decree excluding those 9 dhurs, pattibandi made by the pleader commissioner in the final decree can be held to be in consonance with the judgment and decree?(4) the learned court of appeal below has erred in holding that the appeal before him is not maintainable in view of the provisions of section 97 of the code of civil procedure ..... whose report was also rejected on the objection of the parties by order dated 3-4-93, passed by the learned munsif 1st court, madhubani. he recorded the following directions for the pleader commissioner in ..... of the parties as far as practicable. one shri p.k sinha was appointed as the pleader commissioner who submitted his report dated 11 -4-79, but the same was rejected on the objection of defendant no. 17, vide order dated 22-7-80, passed by the learned munsif. thereafter one shri yadubir jha was appointed as the second pleader commissioner ..... concluded by findings of fact and cannot be allowed to be raised in second appellate jurisdiction. the contention is, therefore, rejected.8. in so far as the last contention of the appellant is concerned, the same is stated only to be rejected. the learned court of appeal below has incidentally touched the question of maintainability of the appeal before him towards the .....

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Nov 12 2001 (HC)

Sri Anirudh Prasad Singh Vs. District Board and ors.

Court : Patna

Decided on : Nov-12-2001

Reported in : 2002(1)BLJR152

..... -11 -1987 and, therefore, claim for damages against them personally is not maintainable. he further submits that no notice under section 80 of the code of civil procedure has been served on them.8. learned counsel for opposite party nos. 5 to 8, who are private parties and are neighbors of the petitioner ..... title suit no. 112 of 1988 (sri anirudha prasad singh v. the district board, begusarai and others), whereby amendment of the plaint sought for by the plaintiff (petitioner) has been rejected, inter alia, on the ground that it is not a bona fide application.2. proceedings were initiated against the present petitioner ..... is disposed of.4. pursuant to this order, the plaintiff filed an application seeking amendment of the plaint, whereby seeking damages against opposite party nos. 2, 3 arid 4 personally. the same has been rejected by the impugned order on the ground that the amendment sought for is inconsistent with the framing ..... it is not bona fide.9. having considered the rival contentions of the parties, i am of the view that the present civil revision is fit to be rejected. learned counsel for opposite party nos. 1 and 2 has rightly submitted that pursuant to the aforesaid order dated 12-11- ..... listed the house of the petitioner.since the suit is pending, in my view, appropriate remedy is to file an application for amendment of the plaint and seek necessary relief in the said suit itself. the petitioner is at liberty to furnish other paraphernalia, if required under the law.with the .....

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Sep 20 2001 (HC)

Durga Bhawani Cold Storage Vs. Bihar State Financial Corporation and o ...

Court : Patna

Decided on : Sep-20-2001

..... this court held, that the rights of the financial corporation under sections 29 and 30 of the act are in addition to its right under the code of civil procedure and transfer of property act. the corporation is conferred with wide powers for realisation of the loan, it may take over the management of the ..... does not take place unless sale price is deposited on the analogy of the provisions of rules 84 and 85 of order 21 of the code of civil procedure is not tenable. the sale under section 29 of the act is in the nature of commercial sale, and considerations governing such sales are not ..... v. fulchand and others. air 1997 sc 1812 were rendered in the context of sale in execution of decree under the civil procedure code. apart from the fact that provisions of the civil procedure strictly are not applicable, it appears that in balram son of bhasram v. 11am singh the court found that the sale was ..... 5 submitted thatthe respondent is a bona fide purchaser. the plea of mala fide was not raised in the main writ petition and therefore should be rejected as an after thought. in the main petition the only ground of challenge was violation of section 29. after the respondent came in possession, it ..... cases for dishonoring of the cheques have been instituted by the corporation. besides, a suit has also been filed by the central bank from the plaint of which it appears that the same property which was mortgaged with the corporation was also mortgaged with the bank. in the facts and circumstances, the .....

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Mar 21 2001 (HC)

Maha Maya Devi and ors. Vs. Kushum Devi and ors.

Court : Patna

Decided on : Mar-21-2001

..... a reference to an exhibit (ext.-12) from which it tanspires that deoki nandan prasad had filed a petition under section 144 of code of civil procedure for restitution of the land, which was rejected. it is also stated in the judgment of the trial court at paragraph 14 on the basis of exhibit 13 that deoki nandan ..... concerned, it was pleaded by the plaintiff-respondents that they were dispossessed from the suit land, as described in schedule-vi of the plaint, during the pendency of the suit. so, admittedly, the plaintiff-respondents were out of possession. in such a circumstance, the plaintiff-respondents had to prove by ..... title. it is the settled principle of law that the plaintiff of a case has to prove its case in the manner as set out in the plaint. moreover, the plaintiff also cannot be allowed to go beyond the pleading and set up a third case.6. so far as the question of possession is ..... gajadhar lal. it was also admitted that the lands of khata no. 219 were also purchased in the name of gajadhar lal. this schedule-vi of the plaint contained lands of khata no. 371 having an area of 10 acres 98 decimals and there was another land of khata no. 543 having an area of ..... the pendency of the suit on 3rd january, 1970, from the lands as described in schedule-iv of the plaint. these lands were the parts of the lands described in schedule-i of the plaint which had fallen to the share of plaintiffs on partition.3. the trial court decreed the suit and the first .....

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May 16 2001 (HC)

Ram Nandan Prasad and anr. Vs. Ram Bilas Yadav

Court : Patna

Decided on : May-16-2001

..... has to be taken at the earliest opportunity so that the plaintiffs can amend the plaint suitably. no such objection was raised in terms of order xiv, rule 2 of the code of civil procedure (hereinafter referred to as 'the code') before the trial court. therefore, the plea of section 34 of the act ..... was not intended to be pressed, nor was really pressed, in court. the plaintiffs did not have the opportunity to amend the plaint the contention is, therefore, rejected.20. learned counsel for the defendant has lastly submitted that the power of the court under section 34 of the act is discretionary, ..... has relied on paragraph 31 of the judgment of the supreme court : [1953]4scr1009 , namdeo v. narmadabai. the contention is stated only to be rejected. these observations were made in an entirely different context and are wholly irrelevant to the facts and circumstances of the present case.21. in the result, ..... as may be necessary for the purpose of determining the real question in controversy between the parties. if, after an opportunity to amend the plaint has been given to the plaintiff, he fails to avail himself of that opportunity then there is no alternative but to refuse the declaration.19 ..... found that the plaintiffs have not been in possession. he has invited my attention to the averments made in paragraphs 8 and 10 of the plaint.10. learned counsel for the defendant-respondent has submitted in support of the impugned judgment that the trial court had erroneously held that defendant was .....

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Aug 22 2001 (HC)

Vijay Shanker Choube Vs. Ram Sewak Kuer and ors.

Court : Patna

Decided on : Aug-22-2001

..... been decreed by allowance of the appeal and hence, this second appeal.6. the appeal came up for hearing under order xli, rule 11 of the code of civil procedure on placing of the following substantial question of law from the side of defendant no. 2-appellant.(i) whether the suit is barred by limitation under ..... the suit is definitely barred under section 18 of the act?7. while the matter was being heard under order xli, rule 11 of the code of civil procedure it could be felt that as the case is based practically on factual aspects and points of law as raised were based on totally on factual ..... shankar choubey were having permanent house on a separate r.s. plot no. 2394 and, as such, prayer of parcha in favour of giridhari gopal choubey was rejected. but then again a fresh petition was filed by defendant no. 2 vijay shankar choubey for grant of basgitparcha and the same anchal adhikari, who had earlier ..... no right to find out a third case for grant of relief to the plaintiffs. when such irregularities and illegalities had not been specifically averred in the plaint, there was no scope to find as such by the learned first appellate court. when fraud and lack of jurisdiction has been alleged and from the ..... of parcha and although the fraud has been alleged in the plaint but no specification has been given as to how the fraud has been perpetrated. in that way, a vague allegation of fraud may not be construed to give jurisdiction to the civil court to giving go-by to section 18 of the act. .....

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Nov 26 2001 (HC)

Kailash Prasad Yadav Vs. Arjun Prasad Yadav

Court : Patna

Decided on : Nov-26-2001

..... , passed in title (eviction suit no. 34 of 1999) by munsif, patna city, patna, whereby and whereunder he rejected the application under section 10 read with section 151 of the code of civil procedure filed by the petitioner praying therein for stayal of the suit till disposal of title suit no. 35 of 1997.2. ..... no. 35 of 1997 were not fulfield. making such observation the learned court below rejected the petitioner's prayer for stayal of the instant suit.9. in the case of ram mohan modi alias ram tahal chauresiya v. ratan lai alias ..... of title suit no. 34 of 1999 till disposal of title suit no. 35 of 1997.5. the learned munsif after hearing both the parties rejected the petitioner's prayer for staying title suit no. 34 of 1999 till disposal of title suit no. 35 of 1997 vide the impugned order.6 ..... 7-1997. the petitioner-defendant had, according to the plaintiff, been tenant in respect of the premises. the plaintiff brought the suit referred to above for rejectment of the defendant-petitioner therefrom in accordance with the provisions of bihar buildings (lease, rent and eviction) control act, 1982. the defendant-petitioner denied that ..... not clear whether the subject-matter of dispute was the same in both the suits for, no description of the disputed property was given in the plaint of title suit no. 35 of 1997 and, as such, the pre-requisite conditions for stayal of the instant suit till disposal of title suit .....

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Feb 23 2001 (HC)

Biku Yadav and ors. Vs. Champa Devi and ors.

Court : Patna

Decided on : Feb-23-2001

..... ascertained from the voter list etc. and filed a petition for substituting the heirs of bhutari devi, after condoning the delay. however, the plaintiff's prayer was rejected and the appeal and the suit, both were abated.3. the impugned order states that since heirs of bhutari devi were not substituted, the suit had automatically ..... the heirs of bhutart devi on record of the appeal, i think these heirs can be impleaded in the appeal under order i, rule 10, cpc. an appeal is continuation of the proceedings of the suit and so a person can be impleaded in the appeal by way of addition under order i, ..... and allow the parties to seek a decision from the court on contest after adjudication of the rights.5. i find that the cause title of the plaint of title suit no. 1072 of 1970 contained the name of defendant no. 1 smt. bhutari devi as wife of muni yadav. so it was apparent ..... abated. it was further stated in the impugned order that the plaints of s.t. no. 1072 of 1970 indicated that bhutari devi's husband was alive and so non-substitution of her husband at least as heir, had ..... the plaintiff-appellants did not know that bhutari devi had left behind any heir. so her name was sought to be expunged from the cause title of the plaint and it was accordingly expunged. however, the suit was dismissed after concluding the hearing and production of evidence. then, the plaintiffs above, filed f.a. no .....

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Jun 27 2001 (HC)

Dr. Deb Kumar Roy Vs. State of Bihar and ors.

Court : Patna

Decided on : Jun-27-2001

..... k. singh, j.m. 1st class, patna, whereby the prayer made by the petitioner under section 245 cr.p.c. for his discharge has been rejected.2. although, before notices were sent at the admission stage, the o.p. no 2 who happens to be the complainant in complaint case no. ..... prosecuted without prior sanction as required under section 197, cr.p.c. (ii) that on the same allegation a civil suit has already been filed by the complainant wherein in the plaint itself it has been categorically stated that co-accused girish ranjan has duped the officials of the doordarshan kendra, patna, ..... framing the charge against the petitioner. in that way, section 120(b), ipc can not bind the petitioner for doing the offence under the penal provision of copyright act. in that way, the learned court below has definitely ..... of copyright act alone, then there can not be any charge or allegation having conspiracy by the petitioner for such substantive offence. no other penal code or an other act has been alleged while taking cognizance of or has been considered by the learned magistrate concerned while passing the order for ..... petition alongwith penal provision of copyright act, allegations were also made under sections 420 and 467 and other penal provision read with section 120(b), ipc. but while taking cognizance under the penal provision of copyright act and after the impugned order has been passed, a petition had been filed as .....

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