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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: old Court: allahabad Year: 1924 Page 1 of about 11 results (0.066 seconds)

Nov 19 1924 (PC)

Lachmi and anr. Vs. Ram Bahadur

Court : Allahabad

Decided on : Nov-19-1924

Reported in : AIR1925All275a

daniels, j.1. it appears to me in this case that the learned judge has misunderstood the meaning of the words in clause (d) of rule 5 of order 33, of the code of civil procedure, 'where his allegations do not show a cause of action.' he has rejected the application to sue as a pauper not on the ground that the plaint does not disclose a cause of action, but on the ground that the defendant had a good defence to the suit, namely that the matter in suit between the parties was merely res judicata. it was not opened to the learned judge to dismiss the application on this ground and in doing so he has exercised a jurisdiction not vested in him by law or has at any rate acted with material irregularity in the exercise of his jurisdiction.2. i accordingly allow this application, set aside the order of the court below and direct that court to enquire into the application on the merits. costs will abide the result.

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Jul 03 1924 (PC)

Mathura Das Vs. Samraj Singh and ors.

Court : Allahabad

Decided on : Jul-03-1924

Reported in : AIR1925All240

..... has not been tried on the merits, both-courts having dismissed it as barred by section 47 of the civil procedure code. the ground taken by the trial court and approved by the court below is that, according to the allegations in the plaint ramraj singh's purchase was made after the issue of an injunction and of an attachment in execution of the ..... to file a separate suit to establish his title. it appears to us that, if the decree-holder had attempted to appeal against this order, his appeal would have-bean rejected on the ground not only that the order purported to have been passed under order 21, rule 58, but that the court below had held that the purchaser was a .....

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Jul 08 1924 (PC)

Mohan Lal and ors. Vs. Bhuteshwar

Court : Allahabad

Decided on : Jul-08-1924

Reported in : AIR1925All142; 83Ind.Cas.1

..... the ground that there was no bar of section 11 of the code of civil procedure.4. i quite agree with the learned chief justice that this suit was apparently a dodge to get round the previous decision. in fact in paragraph 9 of the plaint, the plaintiff himself admits that he has apprehension that his rights ..... previous decision. the suit should have been filed in the court of the munsiff and not in that of the subordinate judge. i therefore agree that the plaint should be returned for presentation to the proper court. the plaintiff will of course pay costs to the defendant in all courts.10. the order of ..... according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.9. it is clear therefore that when a suit is brought for possession of leased property on the ground that the tenancy has terminated by forfeiture, ..... of a land-holder against a tenant, who having denied his title, had forfeited his lease. there can be no doubt that allegations contained in the plaint amount to this, that there had been a forfeiture and that the lease had terminated. it is not disputed before us that the previous suit related to ..... is to hold that this suit has been improperly valued, and ought to have been rejected on that ground, i agree with that view, and allow the appeal, reverse the decision of the lower appellate court, and direct the plaint to be returned to the munsif's court with the value of rs. 24. the .....

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Dec 16 1924 (PC)

Ram Ugrah Singh Vs. the Benares Hindu University

Court : Allahabad

Decided on : Dec-16-1924

Reported in : AIR1925All253a

..... has been taken on either side, the matter being treated by both parties as one falling within the scope of order xiv, rule 2 of the code of civil procedure, that is to say, as being a case in which issues of law were raised which went to the root of the whole matter and the ..... of the plaintiff reference was vary properly made to the general provisions of section 9 of the coda of civil procedure, on the basis of which it is contended that the present suit, being one of a civil nature, is within the jurisdiction of the court in which it was instituted, the cognizance of the said ..... reason the plaintiff be held disentitled to the other reliefs claimed, he should be given a decree for rs. 5,250 by way of damages. the plaint was not rejected by the trial court on the ground that on the face of it, it disclosed no cause of action; but summons having been issued to the ..... were of the nature known in english law as 'demurrer,' and went to the question whether this court, or any other court of civil jurisdiction in this province, could entertain a plaint of the nature now before me. i have recorded a memorandum of the proceedings which took place before me yesterday, which were largely ..... or otherwise, upon an alleged breach of a contract, or quasi-contract, between the parties. there are passages in the petition exhibit 5, and also in the plaint itself, which suggest a contrary intention on the part of the plaintiff; but, as put to me in argument, this was certainly not the plaintiff's case .....

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Jan 16 1924 (PC)

Allah Dia and anr. Vs. RahimuddIn and ors.

Court : Allahabad

Decided on : Jan-16-1924

Reported in : AIR1924All520; 78Ind.Cas.166

1. we think that this application in revision ought to succeed. we do not think that the learned judge was justified in rejecting the application on any ground, and he certainly was not justified in rejecting it on the ground which he has given. a mistake in the final form of an order may well be due to an original mistake made by ..... in a mistaken form, and the decree which followed the order, -followed the same mistake. it might happen in a suit that a claim for rs. 100,000 in a plaint was said to be rs. 200,000 by a slip of the pen, which nobody noticed and which is carried throughout the whole suit from the ..... to the decree. nobody can doubt, and it has been decided over and over again, that a mistake of that sort begun in the plaint and carried right through the proceedings without being discovered, can be corrected in the decree. we, therefore, think that the learned judge ought to have made the amendment. we are .....

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Feb 28 1924 (PC)

Mst. Zaitun and anr. Vs. Shaikh Kommal and anr.

Court : Allahabad

Decided on : Feb-28-1924

Reported in : 79Ind.Cas.907

..... jud e that, the girl had or not attained puberty. it is open to me to come to a conclusion on the point, on evidence, under section 103 of the code of civil procedure. when you have got a solid fact no question of presumption arises. it follows that musammat zaitam had not attained puberty when she was married and, therefore, the question ..... him but her uncle and grandfather prevented her from coming to him.2. the uncle of the girl did not enter appearance. the defendant no. 1 was described in the plaint as a major and her age was given as 19 years. it was objected to on he behalf that, she was a minor and thereupon, the plaintiff obtained the appointment .....

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Mar 12 1924 (PC)

Phulwanti Kunwar Vs. Janeshar Das

Court : Allahabad

Decided on : Mar-12-1924

Reported in : AIR1924All625; 83Ind.Cas.782

..... us examine the law relating to compromise decrees in cases where minors are concerned. that law is laid down in order xxxii, rule 7, of the code of civil' procedure. this rule says that no next friend or guardian for the suit shall, without the leave of the court expressly recorded in the proceedings, enter into ..... ascertain how the income of the property had been dealt with by paras das after he had got his decree.46. i am not prepared to reject hardwari lal's evidence as false evidence on this account. at the same time it has to be admitted that the value of his evidence rests upon ..... court that it had been arranged that the three sons should, divide the zemindari and house properties in accordance with the lists attached to dharam das's plaint. those lists, as i have already said, correspond with the lists prepared by paras das in his will.87. the only variation in the scheme devised ..... perfectly well-known to all the members of the community who were consulted before this, petition of compromise was brought before the subordinate judge.84. the plaint was filed as above described and no written statements of defence were filed. on the 17th july 1903 the petition of compromise was put in before the ..... suit was filed by dharam das, the eldest son of paras das, on the 15th june 1903, some six weeks after' his father's decease (see plaint, exhibit c, page 135 of the printed record). it has already been mentioned that the original defendants were the two minor brothers of the plaintiff and .....

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May 30 1924 (PC)

Sheo Kumar and anr. Vs. Balgobind and Mahtab Kuar and anr.

Court : Allahabad

Decided on : May-30-1924

Reported in : (1924)ILR46All864

..... second mortgagees, and a lessee of the mortgagor, against an order of the subordinate judge of cawnpore, dated ,the 7th of september, 1922, rejecting an application fo set aside under order ix, rule 13, of the code of civil procedure a decree absolute for foreclosure. the parties are persons of position, but the history of the case illustrates the astounding complications and delays whch ..... of the contentions before us by sir tej bahadur sapru on behalf of the respondents, was that the case did not come within order ix, rule 13, of the code of civil procedure, because the appellants had failed to satisfy the court that the summons was not duly served, or that they were prevented by any sufficient cause from appearing. assuming that ..... at the contractual rate till the. period of grace, namely, six months, and thereafter future interest at the court rate, in terms of order xxxiv, rule 4, of the code of civil procedure, allowing six months for payment before sale. it is quite clear that this provisional decree was a provisional decree for sale. in the recital of the plaintiffs' claim, the learned ..... the court of the subordinate judge an application for a decree absolute for foreclosure. this application, although ignoring the judgment, was consistent with the original claim for relief in the plaint and with the decree which they had either dishonestly obtained from an innocent and careless official, or which they had procured from him by chicanery and corruption. whatever anybody else .....

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May 30 1924 (PC)

Pandit Balgobind Vs. Sheo Kumar and anr. and

Court : Allahabad

Decided on : May-30-1924

Reported in : AIR1924All818; 82Ind.Cas.184

..... second mortgagees, and a lessee of the mortgagor, against an order of the subordinate judge of cawnpore, dated the 7th of september, 1922, rejecting an application to set aside under order ix, rule 13 of the code of civil procedure, a decree absolute for foreclosure. the parties are persons of position, but the history of the case illustrates the astounding complications and delays which ..... at the contractual rate till the period of grace, namely, six months, and thereafter future interest at the court rate, in terms of order xxxiv, rule 4 of the code of civil procedure allowing six months for payment before sale. it is quite clear that this provisional decree was a provisional decree for sale. in recital of the plaintiffs' claim, the learned judge ..... one of the contentions before us by sir tej bahadur sapru on behalf of the respondents was that the case did not come within order ix, rule 13, of the civil procedure code, because the appellants had failed to satisfy the court that the summons was not duly served, or that they were, prevented by any sufficient cause from appearing. assuming that they ..... the court of the subordinate judge an application for a decree absolute for foreclosure. this application, although ignoring the judgment, was consistent with the original claim for relief in the plaint and with the decree which they had either dishonestly obtained from an innocent and careless official, or which they had procured from him by chicanery and corruption. whatever anybody else .....

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Jul 09 1924 (PC)

Behari Lal Vs. Shiva NaraIn and ors. and

Court : Allahabad

Decided on : Jul-09-1924

Reported in : 84Ind.Cas.631

..... lal however did not make over the zemindari property, so another suit was brought by them on 21st april 1910 for the zemindari property and some other property. in the plaint of tfua suit also (p. 137) the will executed by narain das is mentioned in para. 8. in his written statement (p 147) behari lal contended that a suit regarding ..... on 19th april 1907. on 7th october 1907 badri prasad and lakhmi chand filed a suit against behari lal for recovery of the entire estate of narain das (plaint p. 99). in the plaint they mentioned the. will of narain das in para 3. in his written statement (p. ill) behari lal pointed out that narain das had made a charitable trust .....

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