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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 1988 Page 1 of about 23 results (0.108 seconds)

Jul 13 1988 (SC)

Commercial Aviation and Travel Company and ors. Vs. Vimla Pannalal

Court : Supreme Court of India

Decided on : Jul-13-1988

Reported in : AIR1988SC1636; JT1988(3)SC41; (1988)94PLR288; 1988(2)SCALE1; (1988)3SCC423; [1988]Supp1SCR431; 1988(2)LC354(SC)

..... be valued on such hope, surmise or conjecture.9. in this connection, we may refer to the provision of order vii, rule ii(b) of the cpc, which provides, inter alia, that the plaint shall be rejected where the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by ..... the valuation of the suit. it was contended by them that the relief sought for in the suit had been grossly undervalued and the court should reject the plaint under order vii, rule 11(b) of the cpc. the learned single judge of the high court overruled the said preliminary objection and held that the suit was not undervalued. on appeal by the ..... the plaintiff to correct his valuation within a time to be fixed by the court. if the plaintiff does not correct the valuation within the time allowed, the plaint is liable to be rejected. the question is whether in a suit for accounts simpliciter, the court can come to a finding as to the proper and correct value of the relief until ..... whereby the division bench affirmed the judgment of a learned single judge of that court rejecting the contention of the appellants that the suit was undervalued by the plaintiff-respondent and, accordingly, the plaint should be rejected under clause (b) of rule 11 of order vii of the cpc.3. the respondent, who is the plaintiff, has filed a suit against the appellants, inter .....

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Apr 26 1988 (SC)

Sudha Devi Vs. M.P. Narayanan and ors.

Court : Supreme Court of India

Decided on : Apr-26-1988

Reported in : AIR1988SC1381; (1988)2CALLT30(SC); JT1988(1)SC217; 1988(1)SCALE952; (1988)3SCC366; [1988]3SCR756; 1988(2)LC70(SC)

..... used as evidence only if for sufficient reason court passes an order under order xix, rules 1 or 2 of the cpc. this part of the argument of mr. tapas ray must, therefore, be rejected.5. the learned counsel next urged that even ignoring the relationship of the witness with the plaintiff, his evidence is ..... of 1986. the plaintiff thereafter filed an application with a prayer to modify the judgment and remand the suit for retrial. the prayer was rejected by the order dated 11-10-1985. civil appeal no. 4145 of 1986 is directed against this order.2. according to the plaintiffs case, the defendant no. 1 baranagar jute ..... mr. bobde, the learned counsel representing the defendant no. 3 (respondent no. 1 before us), contended that the witness contradicted the case pleaded in the plaint by positively stating that the defendant no. 3 was in possession of the flat in question from before the date of the decree passed in the earlier suit. ..... we do not consider it necessary to further deal with this aspect. in view of the prayer made by the plaintiff in the high court and in civil appeal no. 4145 of 1986 before this court and the concession of the defendant no. 3 before us, we hold that the suit should be sent ..... the appeal before the letters patent bench for remanding the suit to the learned single judge (original side) for retrial was fit to be allowed and that civil appeal no. 4145 of 1986 should be allowed by this court.6. on the failure of the defendants to appear in the suit, the learned trial .....

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Apr 26 1988 (SC)

Surajmal Vs. Radheyshyam

Court : Supreme Court of India

Decided on : Apr-26-1988

Reported in : AIR1988SC1345; JT1988(2)SC210; 1988(1)SCALE971; (1988)3SCC18; 1988(2)LC233(SC)

..... a judgment dismissing an earlier suit on the ground of necessity. the appellant court rejected the plea and decreed the suit.the defendant approached the madhya pradesh high court with an appeal under s. 100 of the cpc which was dismissed. he thereafter filed the present appeal by special leave before this ..... a suit filed by the respondent radheyshyam for eviction of the original appellant surajmal from the demised premises comprised of a shop described in the plaint. the premises was in possession of surajmal in the capacity of a tenant and the respondent-landlord prayed for a decree of eviction on ..... not passed by this court on the substitution application, in substance the prayer for substitution was allowed inasmuch as chaturbhuj was allowed to press the civil appeal on merits. it has been contended that the prayer made on behalf of sunderbai amounts to a gross abuse of the process of the ..... .5. the learned counsel for the plaintiff-respondent said that chaturbhuj was representing all the heirs of surajmal including sunderbai and had pressed the civil appeal on their behalf also. after the dismissal of the appeal he gave an undertaking to vacate the building on the expiry of a ..... as stated earlier without a formal order of substitution. the supreme court office has listed the miscellaneous petition for orders after the disposal of the civil appeal.4. the substitution petition on behalf of chaturbhuj had been filed '. by the same learned counsel who had originally filed the appeal on .....

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Apr 12 1988 (SC)

Abdul Hamid Shamsi Vs. Abdul Majid and ors

Court : Supreme Court of India

Decided on : Apr-12-1988

Reported in : AIR1988SC1150; (1988)2CALLT25(SC); JT1988(2)SC69; 1988(1)SCALE694; (1988)2SCC575; [1988]3SCR507; 1988(1)LC765(SC)

..... us. the defendant's objection to the valuation was rejected by the trial court 'on the ground that the ..... the defendants no. 1 and 2, besides denying the plaint allegations made by the plaintiff, challenged the valuation given ..... the plaintiff. the defendants challenged the order by a civil revision application before the calcutta high court which was ..... court to take into consideration the statement in the plaint that the plaintiff has been ousted from the ..... put by the plaintiff (respondent before us) on the plaint is arbitrary and unacceptable. we, however, do not ..... only open to the court but its duty to reject such a valuation. the cases of some of ..... a suit praying for accounts from appellant no. 1. rejecting his claim to put any valuation under section 7(iv ..... plaintiff has the absolute right to put on the plaint any value he wishes to and the court has ..... interest in the firm. in paragraph 11 of the plaint it is stated that he has on enquiry discovered that ..... the plaintiff can give an arbitrary valuation in the plaint, and that the court is bound to accept that' made ..... ahmad v. nazirul hasan : air1935all849 , was rejected, after observing that there was some authority for ..... the court may reject it and leave the plaintiff to correct the valuation or have the suit rejected. similar was ..... the plaint, and it is, therefore, preposterous on his part to suggest in paragraph 19 of the plaint that ..... plaint the amount of profit from the business has been described as 'huge'. in the prayer portion of the plaint ..... civil .....

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Aug 08 1988 (SC)

Dilbagrai Punjabi Vs. Sharad Chandra

Court : Supreme Court of India

Decided on : Aug-08-1988

Reported in : AIR1988SC1858; (1988)2CALLT34(SC); JT1988(3)SC308; 1988(2)SCALE523; 1988Supp(1)SCC710; [1988]Supp2SCR276; 1988(2)LC512(SC)

..... entire evidence on the record including the aforesaid documents. it is true that the high court while hearing the appeal under section 100 of the cpc has no jurisdiction to re-appraise the evidence and reverse the conclusion reached by the first appellate court, but at the same time its power ..... the register of the municipal corporation the property stands in the name of the plaintiff's brother hukum chand jain. on this ground the trial-court rejected the plaintiff's case that the shop belongs to him. on appeal the additional district judge, gwalior confirmed the finding mainly on the ground that ..... to have been allotted to him. the court also held that since the plaintiff failed to plead his ownership and further neglected to get his plaint amended after his title was denied in the written statement, he was not entitled to rely on any evidence in support of his title. on ..... the first appellate court was under a duty to consider all the relevant evidence led by the parties along with the circumstances. unfortunately neither the civil judge who tried the suit nor the additional district judge confirming the decision of the trial court adverted to important items of relevant evidence which ..... . restriction on eviction of tenants-(1) notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely:(a) ...(f) that the .....

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Sep 13 1988 (SC)

Bharat Singh and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Sep-13-1988

Reported in : AIR1988SC2181; JT1988(4)SC91; 1988(2)SCALE890; (1988)4SCC534; [1988]Supp2SCR1050

..... acquired land to hsidc, the latter is the acquiring authority. we do not think that there is any substance in the contention and it is, accordingly, rejected.14. now we may consider the contention made on behalf of the petitioners in the writ petitions nos. 11106 to 11127 of 1984. the first point ..... out of place to point out that in this regard there is a distinction between a pleading under the cpc and a writ petition or a counter-affidavit. while in a pleading, that is, a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition ..... allotment provided he fulfils the conditions for such allotment and plot is available.18. another short submission has been made on behalf of the appellants in civil appeal no. 1193 of 1984. our attention has been drawn to paragraphs 4 and 5 of the additional affidavit filed on behalf of the appellants, ..... that has been urged by mr. goburdhan, learned counsel appearing on behalf of the writ petitioners, is similar to that urged by mr. lalit in civil appeal no. 1193 of 1984, namely, non-publication of the substance of the notification under section 4(1) of the act in the locality. this contention ..... above, is without any foundation whatsoever. the contention of the appellants in this regard is rejected.6. the next ground of attack to the acquisition conies from mr. kalra, the learned counsel appearing on behalf of the appellants in civil appeals nos. 572 & 573 of 1985. it is urged by the learned counsel that .....

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Aug 10 1988 (SC)

Om Prakash Vs. Amarjit Singh and anr.

Court : Supreme Court of India

Decided on : Aug-10-1988

Reported in : JT1988(3)SC555; 1988(2)SCALE567; 1988Supp(1)SCC780; [1988]Supp2SCR362; 1988(2)LC618(SC)

..... dated 30.5.1986. the district judge in appeal confirmed this decree for dismissal. the high court by its order dated 6.8.1987, now under appeal, rejected appellant's second appeal in limine.5. appellant's main grievance in this appeal is that pursuant to and in terms of the order of remand dated 14. ..... of any sale consideration under the agreement in dispute and accordingly no time was fixed for making the said payment as required under rule 12a of order 20 cpc. plan of the suit property in respect of which the decree for specific performance has been passed by the lower court has also not been got proved ..... the mortgage amount which was payable to the prior mortgagee. he has missed even to look into the admission made by the plaintiff in this regard in the plaint. again the lower court has failed to give any finding on the prayer of the plaintiff for possession of the suit property and as to if it (sic ..... which is successor court of the court of shri g.k. rai with the direction to re-admit the suit under its original number in the register of civil suits and proceed to determine the suit afresh in the light of above observations by giving a clear findings according to law as to the suit property in ..... not appealed against, becomes final and its correctness is no more open to examination in view of the provisions of section 105(2) of the code which provides that where any party, aggrieved by an order of remand from which an appeal lies, does not appeal therefrom, he shall thereafter be .....

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Apr 15 1988 (SC)

P.N. Dua Vs. P. Shiv Shanker and ors.

Court : Supreme Court of India

Decided on : Apr-15-1988

Reported in : AIR1988SC1208; 1989(1)BLJR31; 1988CriLJ1745; JT1988(2)SC102; 1988(1)SCALE728; (1988)3SCC167; [1988]3SCR547

..... solicitor general and the question of justifiability of giving the consent is interlinked on the analogy of order ii rule i of the code of civil procedure which has application to a civil proceeding and not to a criminal proceeding, it is permissible to go into this question. indeed, in the case of conscientious ..... . what is erroneous is pretty sure to perish. the good remains the foundation on which new structures will be built. the bad will be rejected and cast off in the laboratory of the years. little by little the old doctrine is undermined. often the encroachments are so gradual that their ..... by frivolous complaints of contempt of court. frequent use of this suo motu power on the information furnished by an incompetent petition, may render these procedural safeguards provided in subsection (2), otiose. in such cases, the high court may be well advised to avail of the advice and assistance of ..... . on behalf of the learned solicitor general, shri a.k. ganguly has made elaborate submissions. it was submitted by shri ganguly that the procedure followed by the petitioner simultaneously seeking the consent of the attorney general was not proper and the solicitor general had been invoked and that was ..... today suffer from remedyless evils which courts of justice are incompetent to deal with. justice cries in silence for long, far too long. the procedural wrangle is eroding the faith in our justice system. it is a criticism which the judges and lawyers must make about themselves. we must turn .....

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Aug 16 1988 (SC)

State of Rajasthan Vs. R.S. Sharma and Co.

Court : Supreme Court of India

Decided on : Aug-16-1988

Reported in : JT1988(4)SC18; 1988(2)SCALE644; (1988)4SCC353; [1988]Supp2SCR441; 1988(2)LC637(SC); 1988(2)WLN232

..... such cases the arbitrators deciding in the place of the court, would have the same powers to grant interest pendente life as the courts have under section 34 of the civil procedure code. instant case is not such a proceeding.14. in that view of the matter this part of the award, which was affirmed by the high court of granting of interest ..... clauses and conditions of the contract. the work had to be completed departmentally at the cost and risk of the respondent-company. after some litigation between the parties when the civil revision was pending in the high court of rajasthan at jodhpur, a compromise between the parties was arrived at on 13th april, 1982. it was agreed that the dispute would ..... by the judgment herein.2. this appeal challenges the order of the high court of rajasthan, dated 16th march, 1988. the respondent's tender for construction of complete masonry dam (civil engineering works) mahi bajaj-sagar project, banswara, was accepted by the appellant for a sum of rs. 5,90,30,791 vide letter dated 29.4.1974 and a provisional .....

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Aug 05 1988 (SC)

Budhu Mal Vs. Mahabir Prasad and ors.

Court : Supreme Court of India

Decided on : Aug-05-1988

Reported in : AIR1988SC1772; JT1988(3)SC281; 1988(2)SCALE294; (1988)4SCC194; [1988]Supp2SCR238; 1988(2)LC514(SC)

..... from deciding the suit. if in a particular case the judge, small causes did not exercise his discretion to return the plaint the said discretion could not be interfered with in a civil revision.10. it is true that section 23 does not make it obligatory on the court of small causes to invariably return ..... both these appeals are allowed and the judgments and decrees of the courts below are set aside and the judge, small causes is directed to return the plaints of these two cases for presentation to the appropriate court as contemplated by section 23 of the act. the amount of rent which may have been deposited ..... in which in order to do complete justice between the parties the plaints ought to have been returned for presentation to a court having jurisdiction to determine the title. in case the plea set up by the appellants that ..... . it cannot, however, be gainsaid that in enacting section 23 the legislature must have had in contemplation some cases in which the discretion to return the plaint ought to be exercised in order to do complete justice between the parties. on the facts of the instant cases we feel that these are such cases ..... be presented to a court having jurisdiction to determine the title.(2) when a court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of section 57 of the cpc (14 of 1982) and make such order with respect to costs as it deems just and the .....

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