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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: recent Court: allahabad Year: 1977 Page 1 of about 18 results (0.043 seconds)

Sep 19 1977 (HC)

Mohd. Ajmal Vs. Firm Indian Chemical Co. and ors.

Court : Allahabad

Decided on : Sep-19-1977

Reported in : AIR1978All21

..... be questioned by means of a civil revision under section 115 of the code of civil procedure. i do not find the preliminary objection sustainable. the court has clearly ordered that if the valuation is not corrected 'in accordance with the order challenged by means of the revision and court fee paid on the corrected valuation, the plaint shall stand rejected. the court consequently has declined ..... finality of the decision relating to valuation, however, does not take away the power of the high court to interfere in exercise of its power under section 115 of the code of civil procedure provided the decision of the court below amounted to a case decided.'the supreme court in nemi chand v. the edward mills co. ltd. : [1953]4scr197 reconciled the provisions ..... of the court fees act with the code of civil procedure and held that, (at p. 32).'perhaps it may be possible to reconcile the provisions of the two statutes by holding that the finality declared by section 12 of the ..... the exercise of revisional powers. similarly, when a party thinking that a decision under section 12 is palpably wrong takes the risk of his plaint being rejected or suit dismiss-ed and then appeals from the order rejecting the plaint or from the decree dismissing the suit but not from the decision on the question of court-fee, then it is open to him .....

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Sep 19 1977 (HC)

Ganpat Singh Vs. Sher Bahadur Singh and ors.

Court : Allahabad

Decided on : Sep-19-1977

Reported in : AIR1978All66

..... right. hence i would not allow the amendment application at this stage.' 4. for the appellant it was urged that the appellate court below had erred in rejecting the application for amendment of the plaint. it was submitted that the trial court had held that the plaintiffs were the owners of the property in question. that being so, the appellant was entitled ..... , the plaintiffs could claim for delivery of possession of the property provided that relief was not barred by limitation or any other law. it is well settled that rules of procedure are intended to be a handmaid to the administration of justice. a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the ..... possession. on these findings, the suit was dismissed. 2. the plaintiff ganpat singh filedan appeal against that decision in thecourt of the district judge. the appealwas heard by ii temporary civil andsessions judge, pratapgarh who dismissed it. the plaintiff ganpat singh has nowcome to this court on second appeal. 3. before the appellate court below an application, 17 ka was moved ..... amendment application 17 ka is set aside. the amendment application given by the plaintiff appellant is allowed in consequence the impugned decree passed by the learned ii temporary civil and sessions judge, pratapgarh has to be set aside and the case will have to be remanded. 5. the appeal is accordingly allowed and the decree passed by the appellate .....

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Sep 13 1977 (HC)

Tungal Ram Vs. Smt. Leelawati

Court : Allahabad

Decided on : Sep-13-1977

Reported in : AIR1978All46

..... that the revisions arising out of original suits of the value below rupees twenty thousand used to be entertained by the district judges. the code of civil procedure has since thereafter been amended by the parliament by the code of civil procedure (amendment) act, 1976. this act came into force on 1st feb. 1977. section 115, c. p. c. as it stands after the amendment by ..... this provision also the amendment made in section 115, c. p. c. by the state of uttar pradesh no longer holds the field after the section being amended by the code of civil procedure (amendment) act, 1976. in this view of the matter the district judge was right in taking the view that the revision was not maintainable.3. coming to the merits ..... order a revision was filed before the district judge which was dismissed on 30th july, 1977, on the ground that in view of the amendment in section 115 of the code of civil procedure the revision was not maintainable. the present revision has been filed against this order of the district judge.2. the first ground which has been taken in support of ..... she had not instituted the suit at all. on the basis of this alleged conversation the written statement was sought to be amended incorporating a plea that the plaint was liable to be rejected not having been filed by the plaintiff. this application was dismissed by the munsif. he disbelieved the applicant's version in regard to his meeting the plaintiff and .....

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Jan 27 1977 (HC)

Sardar Balbir Singh Vs. Atma Ram Srivastava

Court : Allahabad

Decided on : Jan-27-1977

Reported in : AIR1977All445

..... law arising in the case which still remains pending before the learned single judge. the words 'decree/ judgment' and 'order' have all been defined in the code of civil procedure. their definitions run as under in section 2:'(2) 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, ..... the present application is in fact an application for review of a judgment and is maintainable in law.4. order xlvii rule 1 of the code of civil procedure permits a person considering himself aggrieved by a decree or order or a decision on a reference from a court of small causes to apply for ..... to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include: (a) any adjudication from which an appeal lies ..... 73) maintainable having regard to the provision of order 2 rule 2 of the civil procedure code?'a bench of five judges was constituted and it answered the question in the affirmative. it is in respect of the opinion of the full bench ..... judge. it has been made 'under section 151/152 read with order 47 rule 1 c. p. c.'2. in a revision filed under section 115 cpc the learned single judge hearing the revision referred for the opinion of a larger bench the following question of law:'is the plaintiffs suit (no. 16 of .....

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Apr 27 1977 (HC)

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Decided on : Apr-27-1977

Reported in : AIR1977All376

..... section 7-e of u. p. act no. 3 of 1947 on the 22nd mar., 1961 itself. an application under section 151 of the code of civil procedure was also rejected by the learned munsif, radhey kishun consequently on the 20th sept., 1961 instituted the suit giving rise to this appeal alleging that the respondent in his ..... as a result of communal riots in the district of montgomery and the inability of non-muslims to continue to reside in that area. the high court had rejected the contention. the supreme court held, relying upon the decision of the same court in satyabrata ghose v. mugneeram bangur and co. : air1954sc44 , that the ..... and with unfair motives the plaintiff had made the application under section 7-e of u. p. act no._ 3 of 1947, which was rightly rejected in view of the absence of the accommodation sought to be repaired. the suit was claimed to be barred by time and estoppel and it was pleaded ..... or flood, or violence of army or a mob or other irresistible force. in the instant case i find that there is no allegation in the plaint at all about such contingency pointed above.' referring to para 8 of the written statement and the admission made by the defendant, it was held that the ..... the site of the old shop of which the plaintiff was the tenant. thereupon the plaintiff on the 16th mar., 1962 applied for amendment of the plaint and prayed for possession over the site as also the three new shops constructed by the defendant. the defendant resisted the claim on the allegations that nearly .....

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Mar 04 1977 (HC)

Naresh Chand Agrawal Vs. Om Prakash Agrawal and anr.

Court : Allahabad

Decided on : Mar-04-1977

Reported in : AIR1977All416

..... a claim that his possession or his carrying on business should not be interfered with because it is beyond the subject-matter of the suit. there is nothing in the code of civil procedure to prevent the court from holding a prima facie enquiry into the objection made by such a third party. the court has always jurisdiction to decide whether it has ..... carried on by him as the sole owner thereof and the same was not the branch of the alleged partnership firm as alleged in the plaint.2. the trial court by its impugned order under revision rejected the said application and feeling aggrieved, naresh chand has come up in the instant revision to this court and in support and opposition thereof, i ..... said question and the matter will be decided by the court below on its own merit but it seems to me that naresh chand's objection should not have been rejected simply on the ground that he was not a party to the suit when he was clearly alleging that he was the sole owner of the goods and articles kept .....

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Dec 05 1977 (HC)

Premier Insurance Co. Ltd. Vs. Smt. Vidyawati and ors.

Court : Allahabad

Decided on : Dec-05-1977

Reported in : AIR1978All264

..... be deemed to have been instituted on that date and, therefore, as the motor vehicles claims tribunal had also come into existence on that date the civil court could not entertain the suit. this application was rejected by the trial court. the trial court's view was that though till the date when the application to sue as pauper was allowed the ..... taken by or before the claims tribunal in respect of the claim for compensation shall be granted by the civil court.'this section does not lay down that in cases where plaints had been filed, but no final decision had been given the civil court shall lose jurisdiction to entertain them. the word 'entertain' has a well known connotation in law, meaning thefirst ..... commr. : air1969all200 . in cases where the court had already entertained a suit the bar under section 110-f to the jurisdiction of a civil court will not apply,13. the next question that arises is, whether the plaint would be deemed to have been presented on the date when it was filed along with an application to sue as a pauper or ..... plaint is not registered as such, but for all practical purposes the plaint is taken as having been filed on the date it was originally filed.9. the learned .....

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Nov 01 1977 (HC)

Trilok Singh Vs. Smt. Jamuna Devi and anr.

Court : Allahabad

Decided on : Nov-01-1977

Reported in : AIR1978All129

..... which the suit is triable.' section 17 is as follows: '17. application of the code of civil procedure--(1) the procedure prescribed in the code of civil procedure 1908, shall save in so far as is otherwise provided by that code or by this act, be the procedure followed in a court of small causes in all suits cognizable by it, and in ..... application under order ix, rule 13, c. p. c. was not maintainable the court below viz. the addl. dist. judge, varanasi upheld the said objection and rejected the application. hence, the defendant has now come up in the instant appeal and in support and opposition thereof i have heard the learned counsel for the parties.3. ..... the suit as a suit of the nature of small causes under the provisions of section 25(2) of the bengal, agra and assam civil courts act. in the body of the plaint also no such reference was made. the counsel contended that looking to the definition of district as contained in section 2(4) c. p ..... in the body of the plaint there should be such a recital. however, it may be conducive to do so and, i think, if it is so stated in the cause title, ..... of small causes is filed in a court specially invested with jurisdiction to try such suit, to state the said fact in the cause title of the plaint. there is no such requirement in the statute and i do not think that it is necessary. similarly, in my view it is not necessary that .....

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Oct 28 1977 (HC)

Raghubir Sahai Bhatnagar Vs. Bhakt Sajjan

Court : Allahabad

Decided on : Oct-28-1977

Reported in : AIR1978All139

..... below there was no due service of summons on the defendant-applicant as the process server failed to comply with the procedure as laid down under order v, rule 17 of the civil p. c. inasmuch as on the defendant's refusal to accept the summons the process server did not affix ..... trial court held the service of summons sufficient and passed ex parte decree. the defendant's application for setting aside the ex parte decree was rejected on the finding that the defendant had notice of the date of hearing in sufficient time and failure of the process server to affix the ..... . the privy council held that distinction between illegality and irregularity was based on the degree rather than kind; if there was substantial compliance of the procedure prescribed, the defect, if any, would be irregularity but if the non-compliance was of mandatory provision of law that would result in illegality. in ..... the proviso comes into play when some irregularity occurs in the service of summons. there is difference in illegality and irregularity. irregularity contemplates defect in procedure and non-compliance of the prescribed formality which may not be of substantial nature. illegality, on the other hand, connotes contravention of statute which may ..... 174, it was held that where the process server reported that the defendant met him and he took the summons and a copy of the plaint and refused to sign the counterfoil of the summons, there was no service in law as the process server failed to affix a copy of the .....

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Sep 09 1977 (HC)

Smt. Kunti Devi and ors. Vs. Radhey Shyam

Court : Allahabad

Decided on : Sep-09-1977

Reported in : AIR1978All185

..... while the trial court disbelieved the witnesses in regard to the plaintiff's allegation about the existence of the tenancy, the lower appellate court, without reversing the trial court's rejection of the testimony of the said witnesses, relied on the same and wrongly decreed the plaintiffs suit. the learned counsel for the appellants referred to ext. 1 and ext. a ..... workshop as alleged?4. on issue no. 1, the trial court held against the plaintiff and the plaintiff's claim that he was the tenant in the disputed accommodation was rejected. on issue no. 3, the trial court held that the plaintiff had succeeded in proving the ownership of the workshop in the disputed accommodation and that the claim of the ..... was based on the averment that there was the relationship of landlord and tenant between the parties. however, it has also to be seen that the plaintiff claimed in the plaint that he was carrying on his workshop in the disputed accommodation. the defendants, in their written statement, denied the said allegation and set up a claim in themselves to the ..... same. the supreme court in ram chandra v. rama-lingam : [1963]3scr604 has clearly emphasised the expression 'substantial error or defect in the procedure' used in section 100 c.p.c. it is not every error in procedure which will lead to the interference by an appellate court in a second appeal. in my view looking to the facts and circumstances of .....

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