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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 2004 Page 3 of about 48 results (0.477 seconds)

Mar 23 2004 (SC)

Bajranglal Shivchandrai Ruia Vs. Shashikant N. Ruia and ors.

Court : Supreme Court of India

Decided on : Mar-23-2004

Reported in : 2004(6)ALD1(SC); 2004(3)SCALE580; (2004)5SCC272; 2004(2)LC1218(SC)

..... refusing to do so, would result in making inconsistent, contradictory or unworkable orders. we do not think that power under order 41 rule 33 of the code of civil procedure can be exercised in this case in favour of the deities.'63. in our view, in nirmala bala ghose (supra) this court has not made ..... dismissal of the special leave petition thereagainst, conclusively precluded the contention urged by the appellant in this regard. the division bench held, 'the result of rejection of application for transposition is that the cause of action against the corporation and the auction purchaser came to an end' and based its finding upon the ..... the bmc, it was perfectly open to the defendants, including bajranglal, to contend to the contrary. the burden of proving the facts alleged in the plaint was squarely upon the plaintiff. after recording evidence on both sides, if the evidence showed that the auction sale held by the bmc was contrary to ..... for the reasons alleged in their respective written-statements ?in the affirmative5whether each of the defendants is a trespasser as alleged in part 4 of the plaint in the negative 6whether the defendant is the tenant in respect of the premises in his occupation as alleged in their respective written-statements ?in ..... was janardan dhuri, who did not even claim to have bid as an agent of satyavati. it is only in the plaint that the plaintiff for the first time claimed that she had paid the entire price of the auction sale. this was an averment in the .....

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Jul 13 2004 (SC)

Hpa International Vs. Bhagwandas Fateh Chand Daswani and ors.

Court : Supreme Court of India

Decided on : Jul-13-2004

Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537

..... persons and the subsequent vendees had no knowledge of the prior agreement. 109. on the principle of restitution contained in section 144 of the code of civil procedure, we find no ground to interfere with the order of the division bench of the high court in directing adjustment and payment by subsequent ..... not unconditional and without reservations. there was no surrender of claim to the interest of the reversioners. such a conditional claim for lesser relief was rightly rejected by the division bench of the high court. reliance is placed on t.v. kochuvareed and anr. v. p. mariappa gounder and ors. ; ..... a condition precedent for coming into force of a concluded contract.' 85. the alternative claim for lesser relief of life interest of vendor has been rejected by us. we find support for our conclusion from the following observations of privy council reported in [william graham vs. krishna chandra dey], where ..... sanction suit as infructuous, being not appealed against, it is submitted that the proceedings for sanction are summary in nature, under the rules and procedures of madras high court framed for its original side. that suit for sanction which was of summary nature happened to be clubbed with the suit ..... in the terms of his contract, when he finds that the contract itself cannot be carried out. in the present case the plaintiff by his plaint sought to enforce the original contract without any variation. it seems to us, therefore, that the judge was right in holding that the agreement .....

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Apr 19 2004 (SC)

Smt. Gorabai and ors. Vs. Ummed Singh (Dead) by Lrs. and ors.

Court : Supreme Court of India

Decided on : Apr-19-2004

Reported in : JT2004(Suppl1)SC318; 2004(3)MPHT490; 2004(5)SCALE59; (2004)5SCC130

..... in the name of state, the state was a necessary party to the suit. reference is also made to the provisions of order 1 rule 3(a) of the code of civil procedure as amended in the state of madhya pradesh. in view of the discussion aforesaid, we do not think proper at this belated stage to allow parties to implead the state ..... appeal succeeds and is allowed. the judgments respectively of the high court and the courts below, are, hereby, set aside. the suit in terms of the prayer clause in the plaint to the extent of delivery of possession of the lands in suit is decreed.22. in view of the long pendency of the litigation between the parties and as both ..... present act which came into force w.e.f. 02.10.1951. it may be made clear that the provisions of gwalior-mal- qanoon did not bar filing of a civil suit within the prescribed period under limitation act by the proprietor for seeking eviction and obtaining possession of his khud-kasht lands from his tenants. on the facts found in ..... of madhya pradesh as a party. the objection to the non-maintainability of suit for non-joinder of state as party raised at this stage, therefore, is rejected. however, it is .....

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Aug 05 2004 (SC)

Pankaja and anr. Vs. Yellappa (D) by Lrs. and ors.

Court : Supreme Court of India

Decided on : Aug-05-2004

Reported in : AIR2004SC4102; 2004(5)ALLMR(SC)1022; 2005(1)ARC638; 2004(3)AWC2733(SC); 2004(2)BomCR273; 98(2004)CLT612(SC); 2004(4)CTC231; JT2004(6)SC259; 2004(6)KarLJ169; 2004(4)MhLj488;

..... are now before us in this appeal challenging the said order of the high court as also the order of the principal civil judge, shimoga, rejecting their application praying for amendment of the plaint.10. ms. kiran suri, learned counsel for the appellants contended that the trial court was in error in coming to the ..... them the prayer for declaration of title is not barred by limitation, therefore, both the courts below have seriously erred in not considering this question before rejecting the prayer for amendment. in such a situation where there is a dispute as to the bar of limitation this court in the case of ragu thilak ..... of this court where this court had taken the view that delay in filing an application for amendment by itself should not be a ground for rejection of such application unless a serious prejudice was caused to the opposite party. she further submitted on the facts of this case the necessary averments ..... 2000 realizing that a prayer for declaration on the facts of the case was essential the appellants filed an application for amendment of the plaint under order 6 rule 17, cpc by adding the following prayers :-'[a] to declare that the plaintiffs are the owners a1.b.m.n.n1.o1.o.l of ..... the suit schedule property.'6. the principal civil judge, shimoga, by his judgment and order dated 22nd of september, 2000 rejected the application of the appellants .....

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Nov 19 2004 (SC)

Raj Kumar Vs. Dipender Kaur Sethi

Court : Supreme Court of India

Decided on : Nov-19-2004

Reported in : 2005(5)ALLMR(SC)170; 2005(1)ARC450; 2005(1)AWC311(SC); 2004(3)BLJR2213; 2004(5)CTC685; 2004(9)SCALE565; (2005)9SCC304

..... the contract in terms of the agreement, was inadvertently omitted even in the amended plaint.4. on 10th june 1992 the respondent filed an application under section 151 of the cpc order 7 rule 11 and sought an order to reject the amended plaint. by an order dated 18.5.93 the trial court disposed of the said ..... relief act for specific performance. on 3.10.1991 the appellant moved an application under order 6 rule 17 read with section 115 of cpc for making appropriate amendments in the plaint to convert it into a suit for specific performance of the agreement to sell dated 21.12.1989. this application was allowed on 29. ..... 1. leave granted.2. these appeals are directed against the orders of the high court of punjab and haryana dated 30.10.2002 dismissing the civil revision application no. 1837 of 1995 and the order dated 22.8.2003 in c.m. no. 10021-cii of 2003 declining to recall the ..... to the appellant to make appropriate application to the trial court. on 5.3.1994 the appellant filed an application under order 6 rule 17 cpc read with section 151 cpc for amendment of plaint and ..... be invoked against him. the appellant thereafter filed the amended plaint in compliance with the said order.5. the respondent-defendant challenged the order of the trial court dated 18.5.93 by a civil writ petition - cr no. 2214 of 1993 which was disposed of by an order made on 15.8.1993 giving liberty .....

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Mar 25 2004 (SC)

Shipping Corporation of India Ltd. Vs. Machado Brothers and ors.

Court : Supreme Court of India

Decided on : Mar-25-2004

Reported in : AIR2004SC2093; 2004(3)ALD126(SC); 98(2004)CLT98(SC); 110(2004)DLT649(SC); 2004(75)DRJ113; JT2004(4)SC25; JT2004(Suppl1)SC528; (2004)138PLR301; RLW2004(2)SC210; 2004(4)SCALE

..... order 7 rule 11, order 12 rule 6, order 15 rules 1 and 3 and order 23 rule 1 of cpc to point out that apart from section 151, of cpc even under those provisions of the code there is a duty cast on the trial court to put an end to a litigation if the same had become ..... was pleased to grant interim relief sought for by the respondent which became final consequent upon the appellant's challenge to the same made before the high court being rejected.6. during such continuation of the agency, the appellant allegedly noticed certain financial irregularities and was contemplating to take fresh steps to terminate the agency once again. ..... and the appellant having failed to get the injunction in the said suit vacated has resorted to this mode of getting the injunction vacated. he submitted if the plaint showed the existence of a cause of action on the date of filing of the same, subsequent disappearance of cause of action would not make the suit bad ..... appellant terminated the said contract of agency. the respondent herein challenged the said termination by way of a suit in o.s.no. 4212/95 in the city civil court at madras (the trial court). in the said suit the respondent inter alia prayed for the following reliefs:'the plaintiff, therefore, prays for a judgment and ..... (p.d.) no. 309 of 2003 and cmp no.2222 of 2003. by the above order, the high court upheld an order made by the city civil court at chennai in i.a.no. 20651 of 2001 in o.s.no. 4212 of 1995. the said i.a. filed under section 151 c.p .....

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Dec 17 2004 (SC)

Bhanu Kumar JaIn Vs. Archana Kumar and anr.

Court : Supreme Court of India

Decided on : Dec-17-2004

Reported in : AIR2005SC626; 2005(5)ALLMR(SC)257; 2005(1)ARC653; 2005(1)AWC609(SC); 2005(3)BomCR245; (SCSuppl)2005(2)CHN61; 2005(1)CTC368; [2005(2)JCR114(SC)]; JT2005(1)SC220; 2005(1)KLT4

..... granted.2. the remedies available to a defendant in the event of an ex-parte decree being passed against him in terms of order 9 rule 13 of the code of civil procedure (code) and the extent and limitation thereof is in question before us in this appeal which arises out of a judgment and order dated 19.12.2002 passed by the high ..... possession of his share in the property?2. whether the plaintiff is entitled to = share and separate possession of his share in the property described in para 3 of the plaint?3. whether the plaintiff is entitled to claim mesne profits for the income derived by the defendant no. 1 from the share in the property? if so, at what rate ..... 7.10.1985. an appeal marked as misc. appeal no. 19/86 there against in terms of order 43, rule 1(d) of the code was filed on 30.1.1986 which was also dismissed. 8. a civil revision application was also filed challenging the order dated 31.10.1985 whereby and whereunder the respondents' application under order 9, rule 7 of ..... , an application was filed by the respondents herein purported to be in terms of order 9, rule 7 of code for setting aside the order dated 7.10.1985 whereby the suit was posted for ex-parte hearing. the said application was rejected by an order dated 31.10.1985. a preliminary decree for partition, thereafter was passed on 1.11.1985 .....

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Oct 05 2004 (SC)

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Decided on : Oct-05-2004

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

..... not made parties in suit no. 310/81. that the probate was obtained fraudulently without serving parul & manju. that provisions of order 23 rule 3b cpc were circumvented in obtaining the consent decree. according to the learned counsel, the probate in question was obtained fraudulently by non- citation on parul and manju ..... submitted that in the present case, bhabesh had applied for revocation on the ground that the probate was obtained fraudulently, however, the probate court had rejected that application. it was submitted that defendant no. 14 had completed the sale only after the probate and after going through it and therefore defendant no ..... have to be alleged and proved. it was urged that no particulars of fraud or collusion against defendant no. 14 have been given in the plaint and yet both the courts below have given a finding of collusion against defendant no. 14 based on suspicion and misconception of facts without proof. ..... will.62. we are mindful of the fact that generally this court does not interfere with the concurrent findings recorded by the courts below in civil appeals by way of special leave under article 136 of the constitution of india. however, in cases where the courts below have given findings ..... 3/80 was quite different. in that suit, on the demise of balai chand, defendant no. 2 was substituted. in the said order the civil court has observed that nirmala did not dispute the existence of the will; that she was aware that arindam was the executor under the will. this .....

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Mar 12 2004 (SC)

R.L. JaIn (D) by Lrs. Vs. Dda and ors.

Court : Supreme Court of India

Decided on : Mar-12-2004

Reported in : AIR2004SC1904; 2004(4)ALD25(SC); 2004(5)ALLMR(SC)435; 2004(2)AWC1342(SC); 2004(2)CTC307; [2004(2)JCR179(SC)]; JT2004(3)SC272; 2004(3)SCALE234; (2004)4SCC79; (2004)2UPLBEC18

..... took the view that as the district judge had not awarded interest for the period claimed by the claimant and his cross objection having been rejected as time barred, the claimant had no right to claim interest in the appeal preferred by the state government. the claimant then preferred an appeal ..... compensation. the claimant then filed time barred cross objection under order 41 rule 22 cpc along with an application for condonation of delay. the application for condonation of delay was dismissed with the result, the cross objection stood rejected as time barred. it was contended on behalf of the claimant (owner of the ..... given by the dda that no construction would be raised on the plot in dispute. however, the dda proceeded with the constructions and consequently the plaint was amended and relief of mandatory injunction for removal of the construction was sought. the sub-judge, delhi decided the suit on 19.1.1980 ..... taken otherwise would not be considered to be possession taken under the act. the bench went on to hold that the act being a self-contained code, the common law principles of justice, equity and good conscience cannot be extended in awarding interest, contrary to the provisions of the statute. 9. ..... 4(1) had been published. after analysis of the provisions of the act it was held that the land acquisition act is a complete code covering the entire field of operation of the liability of the state to make payment of interest and entitlement thereof by the owner when the land .....

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Dec 17 2004 (SC)

Cholan Roadways Limited Vs. G. Thirugnanasambandam

Court : Supreme Court of India

Decided on : Dec-17-2004

Reported in : I(2005)ACC143; AIR2005SC570; 2005(5)ALLMR(SC)439; [2005(104)FLR440]; [2005(2)JCR196(SC)]; JT2005(1)SC116; (2005)ILLJ569SC; (2005)3SCC241; (2005)1UPLBEC817

..... the opposite party who challenges this fact. this is both in accord with principles of natural justice as also according to the procedure under order xix, civil procedure code and the evidence act both of which incorporate these general principles. even if all technicalities of the evidence act are not strictly ..... brought on records by the parties therein found the respondent guilty of misconduct in relation to the charges framed against him. the inquiry officer rejected the contention of the respondent herein that the bus was being driven at a slow speed and the accident took place to save a ..... multiplier and the divisor. in those circumstances the claim was held to have been properly disallowed by the tribunal holding:'14....no doubt the procedure prescribed in the evidence act by first requiring his chief- examination and then to allow the delinquent to exercise his right to cross-examine him ..... once the said doctrine is found to be applicable the burden of proof would shift on the delinquent. as noticed hereinabove, the enquiry officer has categorically rejected the defence of the respondent that the bus was being driven at a slow speed.22. in pushpabai parshottam udeshi and ors. v. ranjit ginning ..... proof. the probative value could be gauged from facts and circumstances in a given case. the standard of proof is the same both in civil cases and domestic enquires.'17. there cannot, however, be any doubt whatsoever that the principle of natural justice are required to be complied with .....

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