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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Year: 1969 Page 1 of about 181 results (0.258 seconds)

Dec 31 1969 (HC)

Amjad Ali and ors. Vs. Muhammad Israil and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1898)ILR20All11

..... being supposed that in this judgment i have had in my contemplation any of the cases under section 54 of the code of civil procedure in which the court may reject a plaint. none of these cases come within the scope of the present appeal.9. some argument was addressed to us on ..... the suit was not time-barred and that the plaint was properly stamped when presented on november 16th. the district judge on these ..... it was presented, and that 'subsequent proceedings cannot invalidate a valid plaint.' the suit was ultimately dismissed on the merits.3. on appeal by the plaintiffs the defendants put in an objection under section 561 of the code of civil procedure. their contention was that the subordinate judge was wrong in holding that ..... allow this appeal, and, setting aside the decree of the lower appellate court, i would remand the case under the section 562 of the code of civil procedure for a decision on the merits, the lower appellate court having decided the suit on a preliminary point. i would direct that costs should ..... an analogy which it was sought to draw from the practice of the high court in cases under section 3 of the court fees act. the procedure .....

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Aug 13 1969 (HC)

The Firm of Fakirchand Makandas Vs. Shri Jagadguru Shankaracharya Abhi ...

Court : Gujarat

Decided on : Aug-13-1969

Reported in : AIR1970Guj145; (1970)0GLR686

..... that the same is not according to him legally due from him. if he does not pay, the court would be bound to reject his plaint under order 7, rule 11 of the civil procedure code. if this order demanding additional court-fees is not correct, then the court would, on account of its wrong decision, refuse ..... court were not to exercise its power of revision at the stage of revision and to leave the litigant to file an appeal against the decision rejecting the plaint for non-payment of additional court-fees, it will cause unnecessary trouble and expenses to the litigant. the relief which he can obtain without more ..... effect, results in failure to exercise jurisdiction because on the plaintiff's refusal to pay the court-fees, the plaint would be rejected y the court under order 7 rule 11 of the c.p.code. if the decision as to the payment of court-fees is wrong and the trial court has in fact jurisdiction ..... otherwise is a decision within the jurisdiction of the trial court to deal with the suit and therefore, under the provisions of section 115 of the civil procedure code, no civil revision application lies to this court.3. coming to the merits of the dispute, it appears that the plaintiff has asked for the main relief ..... that the observations made by the supreme court in the case just cited above as regards the ambit and scope of section 115 of the c.p. code are inconsistent with the view expressed by the bombay high court in the above cases. it is, therefore, difficult for me to hold that the .....

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Aug 04 1969 (HC)

Tej Kiran JaIn and ors. Vs. N. Sanjiva Reddy and ors.

Court : Delhi

Decided on : Aug-04-1969

Reported in : AIR1971Delhi86; 7(1971)DLT1

..... the suit, an application under order 7 rule 11 and order 27-a of the code of civil procedure read with article 105 of the constitution was filed on behalf of the union of india praying that the plaint might be rejected under order 7 rule 11 of the code of civil procedure as the present suit was nto maintainable in view of the provisions of article 105 ..... behalf of the plaintiffs and are of the view that the plaint is liable to be rejected under order 7 rule 11 clause (d) of the code of civil procedure according to which the plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law. perusal of the plaint goes to show that the defendants are being proceeded against by ..... given the matter our consideration and are of the view that the present suit is barred by the provisions of clause (2) of article 105 of the constitution. we, thereforee, reject the plaint. s.k. kapur, j. 7. i agree --- *** ---hardayal hardy, j.8. i agree s.n. andley, j.9. i agree prakash narain, j.10. i agree .....

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Dec 31 1969 (HC)

Damodar Das Vs. Gokal Chand and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All79

..... , are the general scope and objects of the provisions contained in section 53 of the code.16. as to the nature of the power conferred upon the court by section 53, i need not say much, for it seems to mo obvious that the power of rejecting plaints under that section is essentially a discretionary power, exercisable summarily by the court suo motu ..... be answered in the negative.mahmood, j.9. the question put to us in this case, though expressed in general' terms, is whether, under section 53 of the civil procedure code, a plaint may be rejected at any time subsequent to the first hearing of the suit; and, in considering this question, i have arrived at the same conclusion as the learned chief justice.10 ..... referred to us must be answered in the negative. we think that the words 'at or before the first hearing 'in section 53 of the civil procedure code are mandatory and not directory, and that a plaint cannot be ' rejected,' 'returned for amendment,' or 'amended then and there' by a court after the first hearing. it will be convenient in dealing with the point before ..... (which relates to the same matter), taken with the provisions of section 4 of the act, leaves no room for doubting the proposition that applications under section 328 of the civil procedure code cannot be entertained after the expiration of the period of one month therein specified, unless indeed the rules of computing the period of limitation in themselves permit an extension of .....

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Apr 28 1969 (HC)

M.G. Tipnis Vs. the Secretary, Ministry of Commerce, Union of India (U ...

Court : Madhya Pradesh

Decided on : Apr-28-1969

Reported in : AIR1970MP5; 1969MPLJ639

..... salary against a secretary to the union of india, the state of madhya pradesh and others. it transpired that the plaint was rejected under order 7, rule 11(d) of the code of civil procedure on the ground that notice under section 80 of the code was not served either on the secretary to the union of india or the state of madhya pradesh. thereupon, the ..... plaintiff filed this appeal challenging the order of rejection of the plaint and paid on the memorandum of appeal a court-fee of rs ..... of the claim which he prefers in the court below is never dismissed when the plaint is rejected. this is clear from the definition of decree given in section 2(2), civil procedure code read with order 7, rule 13 of the code. for the purposes of the civil procedure code, the rejection of a plaint is deemed to be a decree because the definition given in section 2 includes the ..... rejection of a plaint, but that does not mean that the rejection of a plaint is a conclusive determination of the rights of the .....

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Dec 31 1969 (HC)

Bandhan Singh Vs. Solhu and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All191

..... judge's order may be, is this court empowered to interfere with it under section 622.6. the order of the subordinate judge is substantially an order rejecting the plaint. it was made on the ground that the plaintiff bad joined a cause of action with a suit for recovery of immoveable property. this may be ..... a misapplication of section 44(a); but the effect of the order was to reject the plaint, and such an order is a decree, with reference to the definition in section 2 and is appealable as a decree to the judge, and in ..... to him.4. the plaintiff has now appealed to this court to revise the orders of the courts below under section 622 of the civil procedure code.5. there was no appeal to the judge from the order of the subordinate judge under any of the provisions in section 588 of the ..... civil procedure code. he therefore rightly dismissed the appeal, which had been instituted as an appeal from an order, and this court cannot interfere in revision with his ..... j.1. this is an application under section 622 of the civil procedure code. the petitioner instituted a suit by filing a plaint in the subordinate judge's court, in which he claimed to recover possession of a house, together with some grain which was stored in it. the plaint was registered. subsequently to its registration, it appears to have .....

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Dec 31 1969 (HC)

Gulab Rai Vs. Mangli Lal

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All42

..... judge was a 'decree' within the meaning of section 2 of the civil procedure code; that it was appealable, and could not, therefore, be made the subject of revision.2. there can be no doubt that 'an order rejecting a plaint' is treated by the code as a 'decree,' under the express words of section 2, and ..... the learned pandit contends, that with reference to the provisions of the last paragraph of section 582, the word ' plaint,' as used in section 2, must be ..... of section 582 of the code, and the proposition of law laid down in that case may seem doubtful, but we are not directly concerned with the point decided in that case.4. in the civil procedure code there is no separate provision which allows the appellate court to 'reject' a memorandum of appeal on ..... the ground of its being barred by limitation. section 543 is limited to cases in which the memorandum of appeal is not drawn up in the manner prescribed by the code, and it ..... only by applying section 54(c), mutatis mutandis (as provided by the last part of section 582), to appeals that the code can be understood to make provision for rejection of appeals as barred by limitation. however, section 4 of the limitation act clearly lays down that every 'appeal presented after .....

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Dec 31 1969 (HC)

Thakuri and ors. Vs. Bramha NaraIn and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All60

..... .4. the learned judge has relied in support of his view on the ruling of the madras high court in sonachala v. manika i.l.r. 8 mad. 516. that case is distinguishable from the present. it was not a suit under section 539 of the code of civil procedure. ..... rejecting the plaint, and remand the case to his court with the direction that he should fix a time within which the deficiency should be made good, and, in case of the plaintiffs' failure to supply the deficiency within the time fixed, he should proceed in the manner provided by section 54 of the code of civil procedure ..... code of civil procedure.3. the learned judge was of opinion that the suit was substantially one for possession. he ordered the plaintiffs to value the suit as a suit for possession and to pay the amount of court-fees requisite for such a suit within a time fixed by him. the plaintiffs not having complied with this order he has rejected the plaint ..... appellants, and that the appeal may proceed at the instance of those appellants.2. the suit was brought under section 539 of the code of civil procedure by three hindus who alleged that a trust had been created for certain charitable and religious purposes by eani mahtab kunwar; that the ..... banerji and aikman, jj.1. this is an appeal from an order of the district judge of saharanpur rejecting a plaint on the ground that the reliefs sought in the plaint had not been properly valued and the necessary amount of court-fees had not been paid within the time .....

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Dec 31 1969 (HC)

Chunni Lall and anr. Vs. Ajudhia Prasad and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All240

knox and burkitt, jj.1. this is an appeal from an order rejecting a plaint purporting to have been passed under section 54, clause (b) of the code of civil procedure. the plaintiff sued for possession of certain lands and houses. one of the defendants in the written statement filed by him set out that the relief sought had been undervalued. ..... was not an order rejecting the plaint, but an order dismissing the suit.4. the contention which the defendant raised was precisely similar to that which was raised in reference to an extension of time which had been asked for, but was refused by the high court of calcutta, on an application under section 549 of the code of civil procedure. the words in that ..... 549 of the code of civil procedure should be applied to the words in section 10 of act vii of 1870. we note that in the case of bhugwandas bagla v. haji abu ahmad i.l.r. 16 bom. 263, the construction put by their lordships on section 549 was held to be applicable to the words 'the plaint shall be rejected' in section 54 ..... of the code. we hold .....

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Dec 31 1969 (HC)

Baldeo Prasad and anr. Vs. Grish Chandar Bhose

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All754

..... over to plaintiffs; that it was drawn payable to babu hari mohan banarji, who indorsed it. the judge has rejected the plaint on the ground that it does not disclose a cause of action. this is, however, erroneous.2. under section 61, code of civil procedure, a suit may be maintained on a lost negotiable instrument, and, if it be proved that the instrument is ..... to be the endorser of the cheque, cannot give the new cheque asked for without the co-operation of the alleged drawer, captain ellis; and the plaintiff should amend his plaint by joining captain ellis as a defendant in the suit, and praying that the relief sought may be given against both defendants.4. the judge will return the ..... court may make such decree as it would have made if the plaintiff had produced the instrument in court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint; and in by les on bills of exchange, 12th ed., chapter xxviii, p. 378, we find that the relief administered .....

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