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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: old Court: allahabad Year: 1950 Page 1 of about 19 results (0.025 seconds)

Sep 27 1950 (HC)

Hari Har Prasad Singh Vs. Beni Chand

Court : Allahabad

Decided on : Sep-27-1950

Reported in : AIR1951All79

..... of section 4 of the act.'an argument advanced on behalf of the appellant may be noticed here. it has been pointed out that neither the code of civil procedure nor the court-fees act provides for the rejection of a memorandum of appeal for non-payment of whole or part of court-fee payable thereon; but, in face of the mandatory provisions of ..... was entitled to claim limitation from 11-6-1880, the date of the order of the high court rejecting the appeal. the court treated an order rejecting a memorandum of appeal for deficient payment of court-fee on the same footing as an order rejecting a plaint as insufficiently stamped, which amounted to a decree; and held the application for execution to be within ..... perform as nearly as may be the same duties as are conferred and imposed by this code on courts of original jurisdiction in respect of suits instituted thereon;'and that under order 7, rule 11 (c) a court of original jurisdiction has the power to reject a plaint and an order to that effect amounts to a decree; consequently, by virtue of section ..... the said clause ; and it was held that no appeal lay from the order under that clause.17. there is no analogy between the rejection of a plaint and the rejection of a memorandum of appeal; and the order rejecting or refusing to receive a memorandum of appeal, in view of the provisions of section 4, court-fees act, cannot be treated as a .....

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Jan 12 1950 (HC)

Kailash Pat Vs. Goswami Brij Gopal and anr.

Court : Allahabad

Decided on : Jan-12-1950

Reported in : AIR1950All405

..... namely, that the suit, as framed, was not maintainable under order 1, rule 8, civil p. c.5. the trial court, rejecting the defence, decreed the suit in the terms of the relief, while the lower appellate court modified that decree by converting it into a decree for ..... as the plaintiff was. whether the conditions provided in order 1, rule 8 are present or not, must be judged on the, allegations in the plaint as framed. in the plaint in this case the plaintiff put the lessor on one side, and all the other co-sharers including him self on the other as commonly aggrieved by ..... view of the moderate number of the co-sharers in these plots, they could not be designated as 'numerous' within the meaning of rule 8 of order 1, civil p. c. it is also urged that at least those of the co-sharers who had attested the deed of lease, and those, who, according to the defendant ..... received portions of the amount of the premium paid by the lessee.4. the plaintiff had brought the suit as a representative suit under order 1, rule 8, civil p. c., taking the necessary permission from the court in that behalf. a number of pleas were taken in defence, but i am concerned only with one, ..... the lessor's conduct in granting the lease. it was a plaint claiming relief for all those co-sharers in common with the plaintiff. i, therefore see no reason to disagree with the view taken by the learned .....

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Mar 10 1950 (HC)

Makund Lal Vs. Gopal Das

Court : Allahabad

Decided on : Mar-10-1950

Reported in : AIR1950All536

..... subsequently was the application dismissed. krishnan j. remarked:'it does not follow that the petition had been disposed of by the mere non-compliance without a final order of rejection being passed.'27. these two cases were followed in balakrishna ayyar v. parva thammal, (a. i. r. (15) 1928 mad. 154: 105 i. c ..... have also ordered the plaintiff to make good the deficiency in the court-fee and suspended all action until it was done. had he followed the correct procedure, this matter should not have come before us at all. further, the learned munsif simply directed the plaintiff to pay the balance of the court-fee ..... of non-payment of court-fee. the court-fees act prohibited him from taking any action on the plaint unless full court-fee was paid on it. if he had referred to that act or the civil procedure code, he would have found that there is no provision under which he could decide the suit, knowing that ..... indicate that, besides paying the deficiency in court-fee, the plaintiff was also required to do a specific act with regard to the frame of his plaint, a point which would be material to the question mainly arising in this case, namely, whether the court had still retained control over the case after ..... pronounced and signed in open court, could not be altered, except under section 152, civil p. c. or on review. this is the only point to be considered in this case.9. sections 148 and 149 of the code deal with the matter of extension of time fixed by the court for certain purposes. .....

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Mar 23 1950 (HC)

Lucknow Improvement Trust Vs. Ch. Mohd. Saddiq and ors.

Court : Allahabad

Decided on : Mar-23-1950

Reported in : AIR1952All346

..... time of notification under section 42 may be said to be the preliminary investigation which deals only with framing and sanction of an improvement scheme. the corresponding procedure under the land acquisition act relates only to the investigation whether land is required for a public purpose or for a company. the u. p. town ..... the suit. the following issues were accordingly framed :1. were the acquisition proceedings ultra vires of the defendant as alleged in paras. 7 and 8 of the plaint ? 2. whether tie acquisition of the property in suit necessary (or the execution of the scheme or the property is affected by the execution of the scheme ..... power to make a scheme is vested in the trust alone and if the scheme is sanction-ed by the local government it is rot for the civil court to say whether the scheme is good or bad.21. it will thus be seen that none of the reasons given by the court for ..... under section 6, land acquisition act, as now contended it would appear on the authority of this case that the present suit would be cognisable by the civil court.10. the learned counsel for the appellant relied on secretary of state v. akbar ali, 45 all. 443 where it was held that when a ..... they are sought to be acquired.11. the questions involved in the present suit are undoubtedly of a civil nature and under section 9, civil p. c. the civil court has jurisdiction to try suits of a civil nature unless the jurisdiction of the court is either expressly or impliedly barred. there is nothing in the .....

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Apr 10 1950 (HC)

Ram Datt Singh and anr. Vs. Ajodhia Singh and ors.

Court : Allahabad

Decided on : Apr-10-1950

Reported in : AIR1952All446

..... died during thependency of the revision application and theirlegal representatives were not brought on therecord. the reason for impleading persons otherthan the mortgagees as defendants given inpara 8 of the plaint was that as jokhai singhand mahadeo singh and the sons of jokhai singhhad acquired the mortgagee rights out of thejoint family funds and all the descendants ofjagar nath were members ..... possession after redemption'. 7. as already stated during the pendency ofthis revision, dalpat singh and vidya kuar diedand their legal representatives were not brought on the record. though o. xxii, civil p. c.does not apply to a revision application, it has been held that if after the admission of a revisiona party dies and no application for substitution is presented ..... redemption and no more. such court has jurisdiction to record a findingon the question of tenancy.' the learned judge followed his previous decisionin an unreported case, bhagwati v. ram ugra civil revision no. 544 of 1945 (all.) decided on1st october 1948 and an unreported decision of hamilton j. referred to at p 207 of the report.that was a case in .....

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Apr 13 1950 (HC)

Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.

Court : Allahabad

Decided on : Apr-13-1950

Reported in : AIR1951All529

..... not only of marriages both parties to which are christians but also marriages to which only one of the parties is a christian. it lays down the procedure which has to be followed in such cases and i have already held that no ceremonies are required other than those specifically required by the act or, ..... legislature passed on the subject was act v [5] of 1852 but that has no relevancy to the question involved in this appeal since it only provided the procedure and the machinery for carrying out the provisions of 14 and 15 vict. c. 40.37. then came act xxv [25] of 1864 which left the ..... maintainable as alleged in para 16 of the written statement ?(8) were the shares mentioned at items 1 to 7 in list c (a) attached to the plaint exclusive property of defendant 1 ?(9) whether the mortgage consideration advanced by dr. h.s. dubey was intended to be a gift in favour of defendant 1 ..... church of which he is a minister. thus under the act, none of the things which go to constitute a marriage a sacrament, as distinguished from a civil contract, are required to be performed and if both the parties are christians, they need not perform these ceremonies which make marriage a sacrament by getting it ..... , therefore, not only an amending but a consolidating act and is thus intended to pro-vide a code in itself. the enactments which it repeals--14 and 15 vict., c. 40 and act v [5] of 1865 --were similar codes.19. then section 5 provides that marriage in which one or both the parties is, or are .....

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Apr 17 1950 (HC)

Devi Nath Vs. Ram Datt and ors.

Court : Allahabad

Decided on : Apr-17-1950

Reported in : AIR1950All664

..... khaikar. the definition of the word 'tenant' given in rule 2 indicates that this word covers pucca khaikar, kachcha khaikar as well as sir tans. the first relief in the plaint was, therefore, clearly a relief falling within clause (b) of item 21 of the rules and, therefore, the suit in respect of it could have been brought in the revenue ..... dispute for the determination of the class to which a tenant belongs has to be decided by a revenue court. in the-present case the first relief claimed in the plaint was that the defendant-appellant was not a khaikar of the land in suit and had no right to get his name entered as such. in the second relief it ..... appeal was filed and in the first appellate court, apart from all other grounds, an additional ground that was urged on behalf of the defendant-appellant was that the civil court had no jurisdiction to entertain this suit. the first appellate court rejected this plea. in this appeal the only questions that has been argued is this question of jurisdiction of the ..... before a revenue court under the rules. this suit could not, therefore, have been brought in the civil court and the civil court had do jurisdiction to take cognizance of it. the decision by both the lower courts has, therefore, to be act aside and the plaint returned for presentation to the pro per court i, therefore, allow this appeal, set aside the .....

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May 11 1950 (HC)

Keshar Sugar Works Vs. R.C. Sharma and ors.

Court : Allahabad

Decided on : May-11-1950

Reported in : AIR1951All122

..... for that concurrence.37. i agree with the conclusions reached by any lord the chief justice for the following reasons :38. (l) the code of civil procedure (hereinafter referred to as the 'code') and the limitation act (hereinafter referred to as the 'act') were both enacted by the same legislature, and although both the statutes ..... . dealing with this argument their lordships while examining the language of section 12 pointed out that it made no reference to the code of civil procedure or to any other act, nor did it give any reason why the time would be extended but simply enacts it as a positive direction. ..... by copies of the judgment and decree, and as, under the rules of the high court of rangoon, which could modify the provisions of the code of civil procedure, it was not necessary that the memorandum of appeal should be accompanied by copies of the judgment and decree, the period of twenty days was unqualified ..... against the appellant on 14-2-1918. the appellant applied to have the ex varte decree set aside. on 26-7-1918 the application was finally rejected. the appellant filed an appeal in the high court, against the refusal to set aside the ex parts decree, on 80-8-1918, beyond the ..... where costs are to be paid and received in accordance with success and failure and the items of property have not been separately valued in the plaint. it is true that even in such cases it is possible to put in an application for a copy and claim the whole of the period .....

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May 11 1950 (HC)

Radha Kishan Vs. Ram Nagar Co-operative Society Through Anand Behari L ...

Court : Allahabad

Decided on : May-11-1950

Reported in : AIR1951All341

..... issued either against his person or property; the land in respect of which the arrear is due or other immovable property (section 146). the detailed procedure relating to each process has been prescribed (sections 147 to 165). if the land in respect of which the arrear is due or other immovable property ..... intention would appear from the provisions of the following section, namely section 174 of the act. that section lays down that the order of the commissioner rejecting the application under section 173 and confirming the sale shall be final. if the order of the commissioner becomes final, the right, title and interest ..... illegality of the sale proceedings alleged by the objector be negatived, the sale-will remain valid. but the chief and substantial objection upon which the appellants' plaint is based is, that at the time when their 5 annas share of the village shahzadpur anderkilla was sold, there were no arrears of revenue due ..... appeal has arisen, on 13th september 1941 for the following relief:'(a) it be declared that the house detailed below at the foot of the plaint is not liable to sale by the defendant in the course of recovery of his dues from defendant 2 and the house belongs to the plaintiff.' ..... under section 173 has been made, or if such application was made and has been rejected.51. section 175 provides for a bar of claims founded on irregularity or mistake with the exception of suits in the civil courts for the purposes of getting aside the sale on the ground of fraud.52. .....

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Sep 07 1950 (HC)

Mt. Mojibunisa Bibi and ors. Vs. Kadir Bux

Court : Allahabad

Decided on : Sep-07-1950

Reported in : AIR1951All380

..... , this objection has no force. as stated above, the registrar of the small cause court at calcutta rejected the judgment-debtor's objection on abe ground that he had no jurisdiction to entertain it. he, therefore, did not decide it on the merits. further, ..... to order 21, rule 4. under that rule'where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from ..... by counsel for the decree-holders. it has been contended that the civil judge had no jurisdiction to entertain the objection of the judgment-debtor when the same objection had been dismissed fey the presidency small cause court at calcutta ..... prayer was made in it for transfer of the decree to a court which had no jurisdiction to execute the decree. this objection was dismissed by the civil judge. on appeal, however, the objection was accepted and the execution application was dismissed as time barred.3. two points have been urged before us ..... it was not the function of the transferee court to question the order of transfer. then the judgment-debtor filed an objection in the court of the civil judge, jaunpur, on 27-7-1945, and the main point taken on his behalf was that the second execution application was barred by limitation because .....

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