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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Page 7 of about 2,016 results (0.091 seconds)

Mar 04 1959 (SC)

Kavalappara Kottarathil Kochunni Moopil Nayar Vs. the State of Madras ...

Court : Supreme Court of India

Reported in : AIR1959SC725; [1959]Supp(2)SCR316

..... had been dismissed, the petitioner instituted a suit against the bank challenging the validity of the sale of his shares by the bank. the plaint was rejected by the court under o. 7, r. 11(d) of the code of civil procedure as barred by limitation. thereupon the petitioner filed an application under art. 32 of the constitution praying that all the adverse orders made ..... the application down for trial on evidence, as has often been done on the original sides of the high courts of bombay and calcutta, or by adopting some other appropriate procedure. such occasions will be rare indeed and such rare cases should not, in our opinion, be regarded as a cogent reason for refusing to entertain the petition under art. 32 ..... facie, appear to have been infringed. further, questions of fact can and very often are dealt with on affidavits. in chiranjitlal chowdhuri's case : [1950]1scr869 this court did not reject the petition in limine on the ground that it required the determination of disputed questions of fact as to there being other companies equally guilty of mismanagement. it went into ..... of the high courts, for other purposes as well. in view of the express provisions of our constitution we need not now look back to the early history or the procedural technicalities of these writs in english law, nor feel oppressed by any difference or change of opinion expressed in particular cases by english judges'. 15. in ebrahim vazir mayat v .....

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Dec 12 2006 (SC)

Hasham Abbas Sayyad Vs. Usman Abbas Sayyad and ors.

Court : Supreme Court of India

Reported in : 2007(2)ALD59(SC); 2007(2)AWC1426(SC); [2007(2)JCR15(SC)]; 2007(3)MhLj56; 2007MPLJ294(SC); RLW2007(2)SC952; 2006(14)SCALE131; (2007)2SCC355

..... code of civil procedure, 1908 to mean:'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the 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 ..... be made between a decree passed by a court which has no territorial or pecuniary jurisdiction in the light of section 21 of the code of civil procedure; and a decree passed by a court having no jurisdiction in regard to the subject matter of the suit. whereas in the former case ..... a final decree, and not a preliminary decree, unless and until final decree is a part of the preliminary decree.order xxi of the code of civil procedure, inter alia, provides that a property can be put to sale only in execution of a decree.rules 13 and 14 of order xxvi, ..... for the time being in force relating to the partition, or the separate possession of shares, of such estates. 4. order xx of the code of civil procedure provides as to when a judgment is said to be pronounced. rule 7 thereof provides that a decree although prepared at a later date shall ..... final when such adjudication completely disposes of the suit. it may be partly preliminary and partly final;we may also notice section 54 of the code of civil procedure which is in the following terms:54. partition of estate or separation of share.- where the decree is for the partition of an undivided .....

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Nov 18 2005 (SC)

E. Parashuraman (D) by Lrs. Vs. V. Doraiswamy (D) by Lrs.

Court : Supreme Court of India

Reported in : AIR2006SC376; (SCSuppl)2006(1)CHN61; JT2005(10)SC10; 2006(2)KarLJ341; (2006)142PLR661; RLW2006(2)SC1254; (2006)1SCC658

..... was not maintainable and accordingly the application filed by the respondent herein under order 7 rule 11 read with section 94 of the code of civil procedure was allowed and the plaint was rejected. a copy of the order of the court dated march 1, 2004 was handed over to us when the appeal was being ..... a submission was not even advanced before the high court. learned counsel submitted that in an application under order 6 rule 17 of the code of civil procedure, the appellant in civil appeal no. 3503 of 2004 had raised an objection to the jurisdiction of the court. we have perused the aforesaid application and we find ..... the owner of the premises, he could not bequeath that right in favour of the respondent. this submission has been considered by the high court and rejected. in our view the high court rightly took the view that the question which arises in the instant proceeding is not whether doraiswamy was the owner ..... ceased to be the owner of the property and consequently could not exercise the rights conferred upon a landlord by the statute. the submission must be rejected - firstly, for the reason that the landlord under the karnataka rent control act need not be the owner of the premises. secondly, the mere ..... by the landlord under section 29(4) of the act and the same was again rejected. a revision against the said order was also dismissed by the high court. it is also admitted by the appellant in civil appeal no. 3503 of 2004 that earlier a suit for eviction had been filed by .....

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Apr 10 1970 (SC)

Mannan Lal Vs. Chhotaka Bibi, (Dead) by Lrs. B. Sharda Shankar and ors ...

Court : Supreme Court of India

Reported in : AIR1971SC1374; (1970)1SCC769; [1971]1SCR253

..... the time given by the court under section 54(b) of the cpc, 1882. section 54(b) of the code of 1882 is reproduced in order 7, rule 11 of the code of 1908. under the said provisions a plaint has to be rejected if the relief sought is properly valued but the plant is written upon ..... . with due respect we are not impressed by the above reasoning. as already noted, although there is no definition of the word 'appeal' in the cpc, it can only be instituted by filing a memorandum of appeal. the filing of memorandum of appeal therefore brings an appeal into existence; if the memorandum ..... as regards the validity of an appeal presented in an irregular form the board observed that although there was no definition of 'appeal' in the civil procedure code any application by a party to an appellate court asking it to set aside or revise a decision of a subordinate judge, is an appeal within ..... application shall have the same effect, and be as valid as if it had been properly stamped :provided that such appeal or application shall be rejected unless the appellant or applicant supplies the requisite stamp within a reasonable time after the discovery of the mistake to be fixed by the court.the ..... alternatively, she prayed for a decree for rs. 3,684 in case possession and occupation was not decreed to her. on 2nd november 1951 the additional civil judge of mirzapur dismissed the suit as against the appellant and defendants 3 and 4. the plaintiff, the first respondent herein, filed first appeal no. 309 .....

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Mar 27 1963 (SC)

Laxmidas Dahyabhai Kabarwala Vs. Nanabhai Chunilal Kabarwala and ors.

Court : Supreme Court of India

Reported in : AIR1964SC11; [1964]2SCR567

..... thebasis that the counter-claim was as such inadmissible under the civil procedurecode prayed to the trial court for an order for treating that counter-claim asa plaint in a cross-suit. that had been opposed by the plaintiff and the prayerhad been rejected on grounds which, as we have pointed out elsewhere, werewholly insufficient ..... admissible in law and after an examination of the decisions on the pointreached the conclusion that in the absence of any specific provision thereforin the civil procedure code and in the light of certain decisions of the privycouncil and of the high courts a counter-claim was not admissible in themuffasil. a prayer ..... in cases of thiskind. it is, no doubt, true that, save in exceptional cases, leave to amendunder o. 6, r. 17 of the code will ordinarily be refused when the effect of theamendment would be to take away from a party a legal right which had accrued tohim by lapse of ..... judge and the district judge on appeal had adiscretion to convert or not to convert the counter-claim into a plaint in across-suit, the learned single judge had no jurisdiction under the civilprocedure code to interfere with that discretion and, in any event, there wereno sufficient reasons set out to justify such interference ..... demands. weneed only add that it was not suggested that there was anything in o. viii. r.6 or in any other provision of the code which laid an embargo on a courtadopting such a course. 14. mr. desai's next contention was that even if it was open to the .....

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Jan 17 2008 (SC)

Usha Devi Vs. Rijwan Ahamd and ors.

Court : Supreme Court of India

Reported in : AIR2008SC1147; 2008(3)ALD1(SC); 2008(2)ALT21(SC); (SCSuppl)2008(2)CHN7; [2008(1)JCR192(SC)]; JT2008(1)SC564; 2008(5)MhLj82; (2008)3MLJ287(SC); 2008(I)OLR(SC)323; 2008AIRSCW1061; 2008(3)CivilLJ412; 2008(1)LH(SC)646; (2008)3SCC717

..... dismissed the writ petition and affirmed the order passed by the trial court which, in turn, had rejected the appellant's petition under order 6, rule 17 of the code of civil procedure ('cpc' for short) for amendment of the suit property as described in the schedule to the plaint.3. the material facts are brief and simple. in the year 2002, the appellant filed a ..... the verge of conclusion as found by the high court and the trial court. that apart, commencement of trial as used in proviso to order 6 rule 17 in the code of civil procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. as noted hereinbefore, parties ..... are yet to file their documents, we do not find any reason to reject the application for amendment of the written statement in view of proviso to order 6 rule 17 cpc which ..... plaintiff- appellant proceeded with the trial of the suit and did not take care to seek the amendment at an early stage. the trial court rejected the prayer for amendment and the high court dismissed the civil revision against the order of the trial court. allowing the prayer for amendment this court in paragraph 5 of the decision observed as follows :having .....

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Jul 03 2012 (SC)

The Church of Christ Charitable Trust and Educational Charitable Socie ...

Court : Supreme Court of India

..... application no. 3560 of 2005 under order vii rule 11 of the code of civil procedure, 1908 (for short "the code") praying for rejection of the plaint. on 18.01.2006, the plaintiff-respondent filed application no.179 of 2006 for amendment of the plaint.e. the learned single judge of the high court rejected the plaint insofar as 1st defendant is concerned and directed that the suit can ..... 11 of the code: "11. rejection of plaint the plaint shall be rejected in the following cases:a. where it does not disclose a cause of action;b. where the relief claimed is undervalued, and the plaintiff, on being required ..... was right in reversing the said decision?6. since the appellant herein, as the first defendant before the trial judge, filed application under order vii rule 11 of the code for rejection of the plaint on the ground that it does not show any cause of action against him, at the foremost, it is useful to refer the relevant provision: order vii rule ..... of action of privity of contract between the plaintiff and the first defendant or on behalf of the 1st defendant. to reject the plaint even before registration of the plaint on one or more grounds mentioned in order vii rule 11 of the code, the other defendants need not necessarily be heard at all as it does not affect their rights. as a matter .....

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Oct 07 1960 (SC)

Purushottam Umedbhai and Co. Vs. Manilal and Sons

Court : Supreme Court of India

Reported in : AIR1961SC325; [1961]1SCR982

..... of the firm with a defective description of themselves for the purposes of the code of civil procedure. in these circumstances, a civil court could permit, under the provisions of s.153 of the code (or possibly under o.vi, r.17, about which we say nothing), an amendment of the plaint to enable a proper description of the plaintiffs to appear in it in order ..... civil procedure does not permit a suit to be brought in the firm name should properly be considered a case of description of the individual partners of the business and as such a misdescription, which in law can be corrected and should not be considered to amount to a description of a non-existent person.' it also rejected the contention on behalf of ..... , 1958, setting aside the order p. b. mukherjea, j., dated february 8, 1957, whereby the rejected the petition of the respondent for amendment of the plaint, filed in suit no. 1452 of 1951 in the high court, in exercise of its ordinary original civil jurisdiction. 2. the plaint in suit no. 1452 of 1951 was filed in the name of manilal & sons, a firm ..... relief. accordingly, the petitioner filed the petition for amendment. 3. on a chamber summons being taken out, mukherjea, j., heard the matter and rejected the petition for amendment. he was of the opinion that the original plaint was no plaint in law and therefore was a mere nullity of a process. the proper course, when there is such a mistake, is not to .....

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Jan 19 2000 (SC)

Mr. V. Narayanaswamy Vs. Mr. C.P. Thirunavukkarasu

Court : Supreme Court of India

Reported in : AIR2000SC694; JT2000(1)SC194; 2000(1)SCALE153; (2000)2SCC294; [2000]1SCR292

..... into the facts on the basis of the controversy raised in the counter.the court said that under order 7, rule 11 of the code the court is to reject the plaint where it does not disclose the cause of action. but there is no question of striking out any portion of the pleadings under this ..... allowing the miscellaneous application (original application no. 298/98) filed by the respondent under order 6 rule 161 and order 7 rule 112 of the cpc (for short the 'code') and thus holding that the election petition filed by the appellant under section 100(1)(b) and (d) of the representation of the people ..... . it is elementary that under order 7 rule 1 l(a) cpc, the court cannot dissect the pleading into several parts and consider whether each one of them discloses a cause of action. under the rule, there cannot be a partial rejection of the plaint or petition.19. the case of dr. shipra (smt.) v ..... and place of the commission of each such practice; and(c) shall be signed by the petitioner and verified in the manner laid down in the cpc, 1908 (5 of 1908) for the verification of pleadings.provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by ..... of section 81 or section 82. this mandate is, however, qualified by section 86(5)7 referred to earlier.the court then observed that the procedural precautions intended to ensure that the person making the allegation of corrupt practice realizes the seriousness thereof as such a charge would be akin to a criminal .....

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Aug 17 2000 (SC)

M.V. Al Quamar Vs. Tsavliris Salvage (international) Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2000SC2826; JT2000(9)SC184; 2000(5)SCALE618; (2000)8SCC278; [2000]Supp2SCR440

..... 1950 (adaptation of laws order). a look at the provisions of two parallel codes of civil procedure 1882 and 1908 together with the moderation after independence will obviously clarify the situation. the parallel codes and the present section 112 thus runs:______________________________________________________________________________________________________ code of 1882 code of 1908 present section 112 ______________________________________________________________________________________________________ 616. nothing herein contained 112.(1) nothing ..... view of the aforesaid decision of the supreme court, in our opinion, even if a suit appears from the statement in the plaint to be barred by any international law the plaint cannot be rejected unless such international law has gone through 'the process of transformation into municipal law'. thus, we conclude that in order to ..... rules regulating admiralty practice provide that a suit shall be commenced by a plaint according to the provisions of the cpc. they were framed when the code of 1859 was in force, and when the power of the court to regulate its procedure was more extended than it is at present. the rules subsequent to the ..... bring a case within the mischief of order 7 rule 11(d) of the cpc, the suit must appear from the statement made in the plaint to be .....

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