Court : Madhya Pradesh
Decided on : Apr-28-1964
Reported in : AIR1966MP169
..... /- in the court-fee paid by the plaintiff. as the said court-fee was not paid within the time allowed by the court, the lower court was further right in rejecting the plaint under order vii rule 11 of the code of civil procedure.10. the result is that the appeal fails and is dismissed but we do not make any order as to costs. ..... to pay the court-fee within lime which was allowed by the court and, there-fore, it rejected the plaint under order vii rule 11(b) of the code of civil procedure on 25-3-1960. the plaintiff (appellant) feeling aggrieved by the aforesaid order of rejection of the plaint has filed this appeal.4. the contention advanced by shri y. p. verma on behalf of the ..... appellant is that as the plaintiff had stated in the plaint that she was in possession of the suit property ..... court must be held to have crept into an error in holding that the plaintiff was liable to pay the balance court-fee of rs. 1285/10/- and further in rejecting the plaint because this court-fee was not paid.5. to appreciate the controversy between the parties it would be necessary to stale a few facts. the deceased shri waller dutta .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-30-1964
Reported in : AIR1965AP288
..... repealing and amending acts is 'to excise dead matter, prune off superfluities and reject the clearly inconsistent enactments.'(30) it must, therefore, be held that the hyderabad act was not in fact in force on the material date. on this conclusion, it follows that s. 4 of the code of civil procedure cannot be invoked.(31) that apart, there is a fundamental difficulty in ..... . in paragraph 3 of their judgment the learned judges made the following significant observation:-'as the judgment rejecting the plaint is dated january 5, 1951, we are not called upon to determine any question of repugnancy between the act and the civil procedure code, which was extended and the civil procedure code, which was extended to part-b states only in april 1951.'(35) having regard to the ..... get permission under the act for such suits as could have been filed against the former state.'(34) admittedly the act was an existing enactment when the plaint was filed in the case and rejected. a careful scrutiny of the facts of the case reveals the point of distinction. there the plaintiffs sued the government for damages for breach of an alleged ..... office and after necessary enquiries forwarded along with its reply of the concerned office together with its own opinion to prime minister of hyderabad. 6. relief sought for in the plaint: if the government of hyderabad admit the claim partly or wholly, then orders will be passed for the performance thereof accordingly and the relief will be awarded. if the claim .....Tag this Judgment!
Court : Orissa
Decided on : Sep-30-1964
Reported in : AIR1965Ori102
..... , the revision is held to be not maintainable. both parties will bear their own costs.16. at the conclusion of the argument mr. murty filed a petition for converting this civil revision into a second appeal on payment of necessary court fee. this will be considered in due course on merits after notice to all parties concerned.das, j.17. i ..... a plaint mentioned in the deeming clause must be held to include rejection of memorandum of appeal, by virtue of section 54(c) and section 582 of the old civil procedure code, 1882 which correspond to order 7, rule 11 and section 107(2) of; the new code. this decision has stood the lest of time and has been uniformly followed by all the high courts ..... decree was drawn up. the argument of counsel reported in paragraph 5 of the judgment shows that when the civil revision was under consideration before the high court, the attention of that court was drawn to the fact that 'subsequent to the rejection of the application for condonation of the delay a decree was drawn up'. the learned judge held in those ..... order be held to be a 'decree' within the meaning of the definition clause 'section 2(2)' of the civil procedure code, it is obvious that the remedy of the aggrieved party is only by way of 2nd appeal and not by way of civil revision. mr. murty, however, contended, relying on the aforesaid decision of this court, that the said order was not .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-1964
Reported in : AIR1964Bom287; (1964)66BOMLR525; 1964MhLJ668(SC)
..... by granting the relief of mandatory injunction under section 152 of the code of civil procedure. that application was, however, reject-ed. mr. p. p. deo has made an application to this court requesting that he should be allowed to amend the plaint by adding the prayer for mandatory injunction. the application has been very ..... permissive, in consequence, the defendant's suit came to be decreed in full. 7. the plaintiff preferred civil appeal no. 199 of 1960 from the part of his claim which was rejected bythe trial court and the defendant filed cross-objections from the decree granted in favour of the plaintiff. the ..... defendant calling upon him to remove the encroachment from the tour feet wide strip. the words 'mandatory injunction' have not been used in the plaint. the trial court has not granted any relief by way of mandatory injunction although it held that the plaintiff was entitled to an easementary right ..... judge proceeded to discuss this question at paragraph 15 of the judgment. after pointing out that there was no specific case made out in the plaint of accession by adverse possession and no specific issue in the trial court, the learned assistant judge has referred to a decision in prohlad teor ..... plaintiff preferred civil appeal no. 189 of 1960 against the decree passed in favour of the defendant in the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-09-1964
Reported in : AIR1964MP234
..... these questions together.on the first point it may be observed at the outset that an order under order 1, rule 10 is not appealable under the code of civil procedure. it was, however, argued that in a partition suit every party, whether arrayed on the side of the plaintiff or on the side of the ..... has no application. in that case the plaintiff had claimed a relief against a defendant but the latter's name was struck off. this amounted to rejection of plaint as against him and as such was appealable. the decision relied upon the above-referred two decisions.17. the decisions in air 1938 nag 233 and ..... the same way as those entitled to a share. it appears clear from the above deci-sion that the learned judge held, the order to amount to rejection of the plaint. this is further clear since he relied upon the decision in rama rao v. the raja of pittapur, ilr 42 mad 219 : (air 1919 ..... determined their rights with regard to all or any of the matters in controversy in the suit or if they amount to rejection of plaint.12. the orders cannot amount to rejection of the plaint as they are not against the plaintiffs but are against the defendants. moreover although in a partition suit the defendants who ..... 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 .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-17-1964
Reported in : AIR1965Cal398,69CWN399
..... being produced is unacceptable and should be rejected. this statutory provision under section 17(3) of the act is not comparable to such statutory provision as in order 37 rule 2(2) of the civil procedure code where it is expressly provided that '...the allegations in the plaint shall be deemed to be admitted, ..... and on the observations of lord simonds to the effect that there is no inconsistency between the propositions that the provisions of section 80 of the civil procedure code are mandatory and must be enforced by the court and that they may be waived by the authority for whose benefit they: are provided, and ..... the parties that the rent should be set off or adjusted against this amount. it is contended on behalf of the petitioner that the decision rejecting the defence is erroneous.5. now it is plain on the record that the defendant has not deposited the arrears of rent since 1961, ..... out a case which entitles him to a decree. in other words the plaintiff must produce evidence in support of his claim in die plaint and satisfy the court on such evidence that it should be accepted and a decree made accordingly. on the plain language of the section ..... and the plaintiff shall be entitled to a decree.' section 17(3) of the west bengal premises tenancy act does not say that when the defence against delivery of possession is struck out the allegations in the plaint .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-18-1964
Reported in : AIR1965SC1055; 2SCR154
..... thatthe said decree contained no directions to the plaintiff to render accounts. onfebruary 29, 1956, the defendants applied to the judicial commissioner, ajmer,under section 152 of the code of civil procedure for amending the preliminarydecree by including therein a direction against the plaintiff for rendition ofaccount in respect of the profits received by him from the mortgagedproperties. on april 12, ..... and beforethe passing of the final decree. it was contended that in the absence of anyprovision in the preliminary decree for taking of any account, no such accountcould be ordered. rejecting that contention, the learned judge observed : 'that he (the mortgagor) isso entitled is well-settled law. a mortgage suit continued until the finaldecree is passed and the relationship ..... subba rao, j. 1. this appeal by special leave is directed against the judgment of adivision bench of the rajasthan high court in s.b. civil revision no. 181 of1956. 2. the plaint-schedule properties originally belonged to one noor mohammad,his wife and son. on september 14, 1936, they mortgaged the said propertieswith possession to b. f. marfatia for ..... that the mortgagee is debarred by thedoctrine of estoppel from denying his liability to account for the net receiptsfrom the mortgaged properties for the period between the date of the plaint andthe date of the preliminary decree. the plea of estoppel is based upon thefollowing facts : on july 25, 1953, the respondents filed an application in thecourt of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-27-1964
Reported in : AIR1964SC1118
..... as defendants nos. 2 and 3, being servants of the central government, were neither necessary nor proper parties under article 300 of the constitution and section 79 of the code of civil procedure.2. on august 12, 1961, an application was filed on behalf of the plaintiffs for calling upon the defendants to file the four documents mentioned in that application, ..... as they were essential to prove the allegations of, the plaintiffs in the plaint and as their certified copies could not be issued. the documents were:1. recommendation of competent authority ..... of the defendants nos. 2 and 3, viz., the general manager, n. e. railway at gorakhpur and the chief personnel officer, n. e. railway at gorakhpur, respectively, rejecting their claim was illegal and without jurisdiction and for the issue of a permanent injunction against the defendants, which included the union of india, restraining them from filling up the ..... (regional superintendent, muzaffarpur) to the general manager, gorakhpur, differing from the recommendation of the selection board dated 15-1-57. 2. order of the general manager by which he rejected the recommendations of the competent authority .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-29-1964
Reported in : AIR1965P& H80
..... air 1944 lah 136(fb) with regard to the scope and ambit of the material words in s. 14(1), even if the plaints in the three suits had been rejected in the very beginning by the court on the ground that they did not disclose any cause of action the provisions of s. 14 ..... be taken to cover. illustrations furnished by decided case were (i) if proper leave, (ii) if it had fail because no notice under s. 80 civil procedure code had been given (iii) where it would fail for non-production of the collectors certificate required by s. 7,. pensions act and (iv) if a plaintiff ..... report but the contention which was raised before the bombay court was that when the appellant applied for a cause of action accrued he instituted a civil proceeding and he prosecuted it bonfide and that proceeding failed because it was held that the cause of action against the respondent had not accrued ..... the provisions of s. 14 must be liberally construed and should be applied to a case where the plaintiff was prosecuting in good faith another civil proceeding against the same defendant founded on the same cause of action which was disallowed as premature and in computing the period of limitation the time ..... terms:'(1) in computing the period of limitation prescribed for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding whether in court of first instance or in a court of appeal against the defendant shall be excluded where the proceeding is founded upon the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-22-1964
Reported in : AIR1964SC1810; 7SCR831
..... out that the pleadings in the earlier suit were not part of the record and on that very ground had rejected the plea of the bar under o. 2. r. 2, civil procedure code. nor can we find any basis for the suggestion that the learned judge had admitted these documents at the ..... not possible to verify whether the expression 'mesne profits' is an accurate translation of the expression in the original plaint. this apart, we consider that learned counsel's argument must be rejected for a more basic reason. just as in the case of a plea of res judicata which cannot be ..... the appellant sought to argue that the allahabad view was more in accordance with principle and with proper construction of o. 2, r. 2(3), civil procedure code. we do not consider it necessary to examine this conflict of judicial opinion in this case as, in our opinion, the learned district judge was ..... established in the absence on the record of the judgment and decree which is pleaded as estoppel, we consider that a plea under o. 2. r. 2, civil procedure code cannot be made out except on proof of the plaint ..... : the respondent - bhooralal - brought a suit - civil suit 20 1954 - in the court of the subordinate judge, first class, kekri against the appellant claiming possession of certain property which was described in the plaint and for mesne profits. the allegation in the plaint was that the plaintiff was the absolute owner of the .....Tag this Judgment!