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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: old Court: allahabad Page 1 of about 1,222 results (0.063 seconds)

Feb 18 1907 (PC)

Raghubans Puri Vs. Jyotis Swarupa and anr.

Court : Allahabad

Reported in : (1907)ILR29All325

..... suit to proceed on the other issues, and he adds as follows: 'the plaint so far as it claims this alternative relief in the general terms of paragraph 11(d) will be held to be rejected under section 54, code of civil procedure.' both courts below found that the land which was demised to mr. frederic wilson ..... of appeal, one being that the court below was not justified under the provisions of section 54 in rejecting portion of the claim of the plaintiff's. that section only provides for the rejection of a plaint in the event of any of the matters specified in that section not being complied with. it does ..... in the lease. in consequence of this the learned subordinate judge passed an order on the 18th of september 1903 directing the plaintiff to amend his plaint by giving the boundaries of the land in excess of the 12 kachha bighas, which the plaintiff alleged was all that had been demised to frederic ..... not justify the rejection of any particular portion of a plaint, as was the case here. the court ought to have tried ..... the issues which were framed, and if the plaintiff failed in his proofs to establish his claim then reject the claim. we think the plaintiff should have .....

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Feb 08 1910 (PC)

Maulvi Mohammad Abdul Aziz Vs. Maulvi Mohammad Abdul Jalil and ors.

Court : Allahabad

Reported in : 5Ind.Cas.371

..... code of civil procedure on which reliance is placed, relates only to decisions of a civil court and not to decisions of a revenue court.4. these remarks, no matter what my own personal views on the subject may be, are binding on me, and i, therefore, hold that the order passed by the assistant collector of the 1st class, rejecting the plaint ..... 177 of the agra tenancy act, the meaning given to it in section 2 of the code of civil procedure, would be to do violence to the express and clear language of the agra tenancy act. that act, by sections 176 and 177, ..... am wholly unable to accept this reasoning. in the first place section 193 of the agra tenancy act expressly provides that the provisions of the code of civil procedure shall only apply so far as they are not inconsistent with that act. to attach to the expression 'decree' as used in section ..... 1st class, in regular suits. the only reasoning, which may render the orders of assistant colloctors of the 1st class rejecting plaints under section 54(d) of the code of 1882 appealable, is the reasoning parallel to the one adopted by the two learned judges of this court in kharag singh ..... under section 54 clause (d) of the civil procedure code .....

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Jun 05 1918 (PC)

Naim-ul-haq Vs. Muhammad Subhan-ullah

Court : Allahabad

Reported in : (1919)ILR61All1

..... one which a person claiming an interest in the alleged trust could only maintain under the provisions of section 92 of the code of civil procedure, so that the plaint ought to have been rejected as it stood, on the ground that it contravenes the provisions of that section and was filed without the consent of the ..... same, and to be entitled to maintain the suit independently of the provisions of section 92 of the code of civil procedure. the reliefs sought are a declaration that the property specified at the foot of the plaint is 'the waqf property,' the removal of the defendant from the post of mutawilli, or managing trustee ..... purposes is after all such a mere pretence that trusts or endowments of this nature are not subject to the provisions of section 92 of the code of civil procedure.19. having said this much, i think it fair to add, with reference to the facts of this particular case, that i am far ..... by the present appellant.18. there remains only the contention raised by the respondent as to the bearing on this suit of section 92 of the code of civil procedure, and this it is not necessary for me to determine now in order to dispose of the appeal. i desire, however to say a ..... the fact that there has been a substantial change in the law since the passing of the present code of civil procedure. act no. v of 1908. under the corresponding section 539 of the former code there was a certain conflict of authority on the question whether the section had any restrictive effect in .....

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Dec 14 1936 (PC)

Pt. Amba Shankar Vs. Mt. Seoti

Court : Allahabad

Reported in : AIR1937All280

..... the suit. if the plaint is 'rejected' on one of such grounds, the order rejecting the plaint is a decree as defined in the civil procedure code. it is, however, perfectly clear that, before an order can amount to such rejection as is contemplated by section 2(2), civil p.c., it must be 'rejection' authorized by some provision of the code of civil procedure. if the plaint is rejected for a cause for which ..... the coda-does not empower the court to do so, it will not be a decree, as defined in the civil procedure code, even though the court may use ..... the word 'reject' in disposing of the suit. what ..... can be done by a court of first instance in reference to a plaint may also .....

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Mar 08 1963 (HC)

Smt. Pyara and ors. Vs. Shiv Shanker

Court : Allahabad

Reported in : AIR1963All476

..... should return the appeal for presentation to a competent court, but we see no justification to do this. order vii, rule 11, c. p. c., applies to plaints and not to memorandum of appeals, me appellants deliberately and perversely enhanced arbitrarily the value of the appeal in order to exclude the jurisdiction of the district judge over it ..... court-fee purposes, vide section 8 of the suits valuation act. in the court fees act same court-fee is payable on a memorandum of appeal as on the plaint. it follows from this also that jurisdictional value of an appeal must be the same as that of the suit. we, therefore, upheld the preliminary objection and hold ..... passed in it will lie to the district judge, otherwise it will lie to the high court. in the full bench case no valuation was put down on the plaint at all and it could not be said to be not in excess of rs. 10,000/- and consequently the appeal lay to the high court. in yudhisthir ..... being amended. if in its unamended form it cannot be received by the district judge, it cannot be returned for presentation in his court and must be rejected. it may be open to the appellant to file another appeal in the district judge's court. 4. we dismiss the appeal with costs. ..... desai, c.j. 1. in this appeal arising from a decree passed for restitution of conjugal rights under the hindu marriage act by a civil judge a preliminary objection has been raised on behalf of the respondent that it does not lie in this court. the respondent valued the suit at rs. .....

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Dec 31 1969 (HC)

Amjad Ali and ors. Vs. Muhammad Israil and ors.

Court : Allahabad

Reported in : (1898)ILR20All11

..... being supposed that in this judgment i have had in my contemplation any of the cases under section 54 of the code of civil procedure in which the court may reject a plaint. none of these cases come within the scope of the present appeal.9. some argument was addressed to us on ..... the suit was not time-barred and that the plaint was properly stamped when presented on november 16th. the district judge on these ..... it was presented, and that 'subsequent proceedings cannot invalidate a valid plaint.' the suit was ultimately dismissed on the merits.3. on appeal by the plaintiffs the defendants put in an objection under section 561 of the code of civil procedure. their contention was that the subordinate judge was wrong in holding that ..... allow this appeal, and, setting aside the decree of the lower appellate court, i would remand the case under the section 562 of the code of civil procedure for a decision on the merits, the lower appellate court having decided the suit on a preliminary point. i would direct that costs should ..... an analogy which it was sought to draw from the practice of the high court in cases under section 3 of the court fees act. the procedure .....

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Dec 31 1969 (HC)

Damodar Das Vs. Gokal Chand and ors.

Court : Allahabad

Reported in : (1885)ILR7All79

..... , are the general scope and objects of the provisions contained in section 53 of the code.16. as to the nature of the power conferred upon the court by section 53, i need not say much, for it seems to mo obvious that the power of rejecting plaints under that section is essentially a discretionary power, exercisable summarily by the court suo motu ..... be answered in the negative.mahmood, j.9. the question put to us in this case, though expressed in general' terms, is whether, under section 53 of the civil procedure code, a plaint may be rejected at any time subsequent to the first hearing of the suit; and, in considering this question, i have arrived at the same conclusion as the learned chief justice.10 ..... referred to us must be answered in the negative. we think that the words 'at or before the first hearing 'in section 53 of the civil procedure code are mandatory and not directory, and that a plaint cannot be ' rejected,' 'returned for amendment,' or 'amended then and there' by a court after the first hearing. it will be convenient in dealing with the point before ..... (which relates to the same matter), taken with the provisions of section 4 of the act, leaves no room for doubting the proposition that applications under section 328 of the civil procedure code cannot be entertained after the expiration of the period of one month therein specified, unless indeed the rules of computing the period of limitation in themselves permit an extension of .....

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Dec 31 1969 (HC)

Bandhan Singh Vs. Solhu and ors.

Court : Allahabad

Reported in : (1886)ILR8All191

..... judge's order may be, is this court empowered to interfere with it under section 622.6. the order of the subordinate judge is substantially an order rejecting the plaint. it was made on the ground that the plaintiff bad joined a cause of action with a suit for recovery of immoveable property. this may be ..... a misapplication of section 44(a); but the effect of the order was to reject the plaint, and such an order is a decree, with reference to the definition in section 2 and is appealable as a decree to the judge, and in ..... to him.4. the plaintiff has now appealed to this court to revise the orders of the courts below under section 622 of the civil procedure code.5. there was no appeal to the judge from the order of the subordinate judge under any of the provisions in section 588 of the ..... civil procedure code. he therefore rightly dismissed the appeal, which had been instituted as an appeal from an order, and this court cannot interfere in revision with his ..... j.1. this is an application under section 622 of the civil procedure code. the petitioner instituted a suit by filing a plaint in the subordinate judge's court, in which he claimed to recover possession of a house, together with some grain which was stored in it. the plaint was registered. subsequently to its registration, it appears to have .....

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Dec 31 1969 (HC)

Gulab Rai Vs. Mangli Lal

Court : Allahabad

Reported in : (1885)ILR7All42

..... judge was a 'decree' within the meaning of section 2 of the civil procedure code; that it was appealable, and could not, therefore, be made the subject of revision.2. there can be no doubt that 'an order rejecting a plaint' is treated by the code as a 'decree,' under the express words of section 2, and ..... the learned pandit contends, that with reference to the provisions of the last paragraph of section 582, the word ' plaint,' as used in section 2, must be ..... of section 582 of the code, and the proposition of law laid down in that case may seem doubtful, but we are not directly concerned with the point decided in that case.4. in the civil procedure code there is no separate provision which allows the appellate court to 'reject' a memorandum of appeal on ..... the ground of its being barred by limitation. section 543 is limited to cases in which the memorandum of appeal is not drawn up in the manner prescribed by the code, and it ..... only by applying section 54(c), mutatis mutandis (as provided by the last part of section 582), to appeals that the code can be understood to make provision for rejection of appeals as barred by limitation. however, section 4 of the limitation act clearly lays down that every 'appeal presented after .....

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Apr 16 1993 (HC)

Narendra Kumar JaIn and Another Vs. Sukumar Chand JaIn and Others

Court : Allahabad

Reported in : AIR1994All1

..... has submitted that sub-clause (a) of r. ii of 0.7 would be applicable in the present case and under this sub-clause the plaint could be rejected and the trial court's judgment is sought to be justified on the terms of the said sub-clause. it was further contended that the ..... the temple of property.8. thereafter the defendants seem to have filed an application purported to be undero. 7, r. ii. c.p.c. for rejection of the plaint. it was stated in this application that the reliefs claimed by the plaintiffs cannot be granted to them under s. 14 of the act. the defendants ..... reliefs claimed by the plaintiff.34. the application of the defendants for rejection of the plaint under 0.7, r. 11, c. ..... allowing them to amend the plaint and claim the reliefs which could be granted under s. 14 of the act. for not articulating the reliefs properly the plaint could not be rejected under o.7, r. 11(a), civil p.c. does not contain any provision by which a plaint can be rejected for any defect in the ..... 1. this is a civil first appeal against the judgment of the iii addl.district judge, meerut dated 28-1-1992 whereby court below was allowed the application filed by the defendant-respondents under o. 7, r. 11, c.p.c. and has rejected the plaint under the said order. the plaintiff-appellants are aggrieved against .....

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