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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: recent Court: allahabad Year: 1950 Page 1 of about 19 results (0.029 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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Dec 21 1950 (HC)

Kumar Kant NaraIn Singh Vs. Chandrabhal Singh

Court : Allahabad

Decided on : Dec-21-1950

Reported in : AIR1951All603

..... no right of suit as against the opposite party in the absence of permission under section 86 of the code & in the face of the guarantee by clause 5 of the merger agreement.23. the learned civil judge was quite right in rejecting the appln. under rule 5 (d) of order 33.24. the revision fails & i would dismiss ..... take evidence on the merits of the claim it is fully justified in examining the appct. & in considering on the basis of his statement & the allegations in the plaint whether or not any cause of action is disclosed.13. reference may also be made to mt hira dei v. gokul chand a.i.r. (29) 1942 oudh ..... of the ct. to satisfy itself that the allegations of the petnr. do show a cause of action; & the allegations are not only those made in the plaint, but also include those made in the examination of the appct. before the ct.it is open to the h. c. to determine at the preliminary stage whether ..... properties & for rupees thirty lacs as mesne profits he alleges that he is not possessed of sufficient means to enable him to pay the requisite court-fees for the plaint & so he applied for permission to sue in forma pauperis3. the opposite party contested this appln., inter alia, on the ground that without the permission of the ..... evidence should be taken on the point.14. if on the allegations in the plaint & the statement of the appct., if any, it is plain that the appct. has no right of suit the appln. for permission to sue as a pauper must be rejected under rule 5 (d) of order 33, c. p. c. it is .....

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Dec 21 1950 (HC)

Mt. Chunai Vs. Ram Prasad and ors.

Court : Allahabad

Decided on : Dec-21-1950

Reported in : AIR1951All167

..... and buildings section 213, government of india act remarked:'the fact that a particular interpretation of an act of parliament produces anomalous results is not, however, a decisive reason for rejecting the interpretation, if it is a result of construing the words which parliament has used in their natural and grammatical sense.'the same position was emphasised by their lordships in ..... -1917, only the mortgagee rights had been transferred by sumrekha to baleshwar prasad. the money deposited was, however, not accepted by the mortgagee, and the application was dismissed. in his plaint, the plaintiff had alleged that the mortgage- of 19-9-1917 was only in respect of the mortgagee rights and not of the full proprietary title in the house, though ..... of limitation and the applicability of the appropriate article of the limitation act would depend in the first instance on the nature of the suit and the allegations in the plaint, but the ultimate decision on the point would depend on the facts bund by the court.13. coming to the facts of this case and the findings recorded by the ..... when the amount has either been paid out of the usufruct or the unpaid balance of it has been tendered or deposited in court. order 34, rule 7 of the code also requires that the court, while passing a preliminary decree for redemption, shall direct the mortgagee, if he is in possession, to redeliver the property to the mortgagor.51. in .....

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Nov 06 1950 (HC)

Shri Om Prakash Gupta Vs. the United Provinces

Court : Allahabad

Decided on : Nov-06-1950

Reported in : AIR1951All205

..... r. (29) 1942 mad. 316 : (202 i. c. 122), court fee paid along with an appln. for review of an order dismissing the plaint as insufficiently stamped & which appln. for review was rejected, was ordered to be refunded in the exercise of inherent power. the reason for the order was that such court-fee was not meant to be ..... of the crown as a reader in the govt. press was charged with communicating a secret matter to another person & was dismissed. though the procedure prescribed by the civil services (classification) rules was not followed, their lordships could not as a matter of law hold that venkatarao was entitled to redress from the cts. by ..... , though i do not see how still he could get a decree. as the crown is mentioned in the rule, it must be held bound by the code. if the payment of salary was merely a question of the crown's prerogative, it could be argued that the crown had abandoned the prerogative when the rule ..... prasad, 14 m. i. a. 40: (7 beng. l. r. 186 p. c.), hussain bhamjee v. hicks, 18 w. r. 124 etc. section 60 in the code of 1908 does not, & could not, make any change in the law; the future salary is still not a debt but cts. are permitted to issue one order for continual ..... was always its enforceable liability. but he has not cited any law under which it was so. if there was a law oven before the enactment of the code in 1908 to the effect that a crown servant has an enforceable claim to his accrued salary, that law should have been cited. the above discussion shows .....

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Oct 13 1950 (HC)

Bishambhar Nath Vs. Janki Ballabh Tripathi and ors.

Court : Allahabad

Decided on : Oct-13-1950

Reported in : AIR1952All402

..... for the loss due to something done by him, which he was not empowered to do in his official capacity as an interim receiver. in his plaint the plaintiff had merely alleged that the action of the official receiver in attaching the property was 'highly prejudicial' to his rights; and he had ..... by way of damages for trespass. the suit had been originally instituted in the court, of the civil judge of agra, but, after the amendment, as the valuation was reduced, the plaint was returned by the civil judge for presentation to the proper court. the suit was then filed in the court of munsif, agra ..... have deteriorated, been damaged and ruined and that he had suffered a loss of about rs. 5,000. accordingly, he applied for amendment of his plaint. in consequence of the amendment the relief of declaration was omitted and the plaintiff confined his claim to damages: rs. 2,000 on account of the ..... only, and upheld the decree against other. the learned judge found that the plaintiff was bound to give notice to the official receiver under section 80, civil p. c ; that the notice given by the plaintiff on 8-11-1934, was valid and sufficient so far as the claim for compensation for trespass ..... liable for the damages claimed.8. the trial court (munsif of agra) dismissedthe suit on the ground, among others, that no validnotice under section 80, civil p. c. was given to theofficial receiver, who was acting or purported toact in his official capacity; that there was no collusion between the official receiver .....

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Oct 05 1950 (HC)

Baur and ors. Vs. Deo Kali and ors.

Court : Allahabad

Decided on : Oct-05-1950

Reported in : AIR1951All610

..... instituted, ceased to have the proprietary interest claimed by him, as the same had been sold at an auction sale. the lower appellate court rejected this application on the ground that fresh evidence could only be allowed in appeal if the court required it in order to enable it to ..... that the defendant was claiming to hold in that capacity, and inspite of this knowledge he filed the suit in the revenue court, the plaint is liable to be returned for presentation to the proper court. in the present case the defendants alleged that they were tenants of the ..... the plaintiff was not an under-proprietor at all. the issue about the proprietary right raised by the defendant was referred to the civil court. the civil court decided that the plaintiff was an under-proprietor. on receipt of this finding the trial court decreed the suit but awarded no ..... no jurisdiction to entertain the suit. the argument is that in the plaint the plaintiff merely alleged that the defendants were trespassers. he did not allege that the defendants claimed tenancy rights. it was urged that the civil court has jurisdiction to entertain a suit for ejectment against a trespasser ..... damages. the defendants appealed to the lower appellate court. the appeal was dismissed. in the lower appellate court, for the first time, the defendants raised a plea of jurisdiction. the court below rejected .....

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Sep 28 1950 (HC)

Hamid HussaIn Khan Vs. Masood HussaIn Khan and ors.

Court : Allahabad

Decided on : Sep-28-1950

Reported in : AIR1952All279

..... is insufficient, it shall call upon the plaintiff to make good the deficiency within such time as it may fix and in case of default shall reject the plaint; provided that the court may, for sufficient reasons to be recorded proceed with the suit, if the plaintiff gives security to the satisfaction of ..... . what was contended, however, is that that provision simply debars the court from 'proceeding with the suit' & not from passing interlocutory orders or dealing with procedural matters. i concede that it is possible to argue that 'proceeding further with the suit', means taking a step towards the passing of a decree in the ..... to make certain precautionary directions for the preservation of the property, the question is whether the order would still be regarded under order 39, rule 1, civil p. c., and, therefore, appealable. it could be so regarded if the court had no jurisdiction to pass such an order except under that provision; ..... to the final disposal of the suit. i regard the order in the present case as one of that description.6. indeed section 151 of the code, a reference to which is not always alluring allows the court to pass, in the exercise of its inherent power, such orders as may be necessary ..... far as the second part of the contention is concerned, it is also true that there was no application under order 39, rule 1 of the code. the question is whether, nonetheless, the order could be treated as one under that rule. if neither party had applied to the court, specifically for .....

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Sep 28 1950 (HC)

H. Bevis and Co. Vs. Ram Behari and ors.

Court : Allahabad

Decided on : Sep-28-1950

Reported in : AIR1951All8

..... heard on the date to be fixed for hearing of injunction application. applicant wants an injunction against the government's award. -- order rejected.'28. it may be mentioned here that the civil court vacations were to commence from 5-6-1947, and the courts were to re-open on 5-7-1947. the money ..... with temporary injunctions. rules 1 and 2 state the grounds on, or the circumstances, in which temporary injunction can be granted and rule 3 prescribes the procedure to be adopted by the court for granting it. i leave aside for the present the grounds on, or the circumstances in, which temporary injunction can ..... whether reference to the arbitration by the government was void and illegal being in excess of its powers conferred by rule 81a, defence of india rules. the plaint, therefore, disclosed a prima facie case for the purposes of the grant of an ad interim injunction. the reasons given by the lower court in refusing ..... application for an injunction and at the same time of issuing an ad interim ex parte order of injunction is not justified by the provisions of the code. what ought to be done is that when the court feels that the object of granting the injunction would be defeated by the delay, it ..... and not outside that rule. this being so, again in all these cases, it would be appealable under order 43, rule 1 (r) of the code.6. it was contended by the learned counsel for the respondents that it was only the final order on an application for temporary injunction that was appealable and .....

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Sep 26 1950 (HC)

S. Wajid Ali Vs. Mt. Isar Bano Urf Isar Fatma

Court : Allahabad

Decided on : Sep-26-1950

Reported in : AIR1951All64

..... section applied to memo of appeals presented in the high court. the addition of this section removed the hardship caused by the full bench ruling.16. when the code of civil procedure of 1908 was enacted, section 582a was replaced by section 149. it extended the power of the court which was conferred upon it under section 582a in ..... plaintiff or the appellant, as the case may be, to make good the deficiency within such-time as it may fix, and in case of default shall reject the plaint or memorandum of appeal :provided that the court may, for sufficient reason's to be recorded, proceed with the suit or appeal if the plaintiff or the ..... instituted therein, and that since the court of original jurisdiction is bound under order 7, rule 11, to grant time to make good the deficiency on a plaint so also an appellate court is bound to grant time in respect of a memo of appeal. order 7, rule 11 refers to powers of a court of ..... officer referred to in sub-section (3) is not accepted by the court, a copy of the finding of the court together with a copy of the plaint, shall forthwith be sent to the chief inspector of stamps.'5. it is urged on behalf of the appellant that section 6(2) of the act applies ..... fee within such time as may from time to time be fixed by the court.(3) if a question of deficiency in court-fee in respect of any plaint or memorandum of appeal is raised by an officer mentioned in section 24a the court shall, before proceeding further with the suit or appeal, record a finding .....

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Sep 19 1950 (HC)

L.D. Meston School Society Vs. Kashi Nath Misra

Court : Allahabad

Decided on : Sep-19-1950

Reported in : AIR1951All558

..... against them. there is no force in this contention.9. a reading of rules 1, 2, 3 and 4 of order 39, civil p. c., shows that the procedure laid down by the code is as follows: when an application is made by a party for the issue of an injunction under rule 1 or rule 2 ..... matter and, if it found that this was so, in fact, it should have had no hesitation in withdrawing its order of 8-7-1950, and in rejecting the plaintiff's applications complaining about the disregard of the order of injunction. as the point has not been disputed before us, we think that we can ..... .14. the court below observed in its judgment that it was not deciding the objections of the appellant which it had filed on 10-7-1950. the procedure adopted by the court below was not justified in the circumstances of the case. when an ex parte injunction is issued against a party, and the party ..... from his position of principal before the suit was instituted on 8-7-1950 and that he was no longer in possession of his office. both in the plaint and in the application for the issue of an order of injunction, as we have already stated, an assumption was made that pt. sita ram chaturvedi ..... was that the defendant be restrained 'from taking over the charge of office from pt. sita ram chaturvedi, principal, satish chandra college, ballia.' in para. 6 of the plaint, he had stated that pt. sita ram chaturvedi was, since the time of his appointment, working as principal of satish chandra college, ballia. the plaintiff, therefore, assumed .....

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