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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Year: 1977 Page 1 of about 168 results (0.123 seconds)

Nov 04 1977 (HC)

Deep Chand Vs. Jaynarayan and ors.

Court : Rajasthan

Decided on : Nov-04-1977

Reported in : 1977WLN529

..... as nearly as may be in accordance with the procedure applicable under the code of civil procedure. 1908, to the trial of suits a suit which does not furnish cause of action can be dismissed.' order 7, rule 11(a) cpc provides that the plaint shall be rejected where it does not disclose a cause of action ..... which could be considered as materials supporting the allegations, made. ii the election petition in his election petition gives some figure as to the rejection of valid notes and acceptance of invalid votes, the same must not be considered as an adequate statement of material facts.8. i am of ..... facts in a case of recount specially. a mere allegation that the petitioner suspects 01 believes that there has been an improper reception, refusal or rejection of votes will not be sufficient having regard to the insistence upon secrecy of the ballot papers. at every stage in the process of scrutiny ..... ahmed v. rajendra nath barua and anr. air 1960 ass & nag 62 it was held that non-mentor of specific votes improperly accepted or rejected will not make the petition liable to be dismissed for vagueness. it was further pointed out that no election petition can be dismissed at the ..... the result of the election be declared. the main grounds, on which the election of the respondent is challenged are as follows:(1) the returning officer rejected ballot papers which, were valid.(2) some times the correct total number of votes actually in the bundle of a candidate was not correctly declared.(3 .....

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Dec 06 1977 (HC)

Ashvinkumar Narmadashanker Dave Vs. Krishnachandra Narmadashanker Dave ...

Court : Gujarat

Decided on : Dec-06-1977

Reported in : (1978)19GLR892

..... show that it is incumbent on the court to reject a plaint under clause (c) where the suit is properly valued but the plaint is insufficiently stamped in that case as even on the basis of ..... fact that the plaint stood rejected by violate of the aforesaid order of the court. thereupon the plaintiff has invoked the jurisdiction of this court by way of the present petition.2.1. a reference to the provisions contained in order 7 rule 11 of the code of civil procedure of 1908 will ..... the valuation made by the plaintiff himself, the plaint is not adequately stamped, the court cannot proceed further with this suit till the plaint ..... the fees for trying to seek entry thereto in the sense that though his plaint may be rejected and he may be denied a decision on merits or in accordance with the procedure prescribed by the civil procedure code on the ground of failure to comply with the court order to revise upwards ..... the court, he would be visited with the consequences contemplated by clause (b) of rule 11 of order 7, namely, that his plaint would stand rejected. there can, therefore, be no question of making recovery of deficit court-fees by recourse to a coercive machinery. in fact there would .....

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Dec 09 1977 (HC)

Misrilal Misra Vs. Ikram HuseIn and Co.

Court : Mumbai

Decided on : Dec-09-1977

Reported in : (1978)80BOMLR659

..... and 39 of the and also by the provisions of section 94 and order xxxix, rules 1 and 2 of the code of civil procedure. he maintained that from the averments of the plaint itself since the defendant is alleged to have handed over possession of the property to the plaintiff on the date of the ..... mr. keshavdas neither sections 38 and 39 of the specific relief act, nor the provisions of section 94 and order xxxix, rules 1 and 2 of the code of civil procedure, were attracted, therefore, argues mr. keshavdas, no mandatory injunction could have been issued. i am afraid i cannot agree with these submissions.27. in ..... quo as at the date of the suit and that too for special reasons appears to be well-founded.12. section 94(e) of the code of civil procedure provides that in order to prevent the ends of justice from being defeated the court may, if it is so prescribed, make such other interlocutory ..... of action that the plaintiff has only asked for a mere injunction to which he is not entitled it must reject the plaint, or dismiss the suit as required by the provisions of the civil procedure code. in some cases the court may find that the prayer clause is cleverly worded as in the present case ..... bhimji & co. v. jamna flour mills co. : air1914bom195 , the division bench consisting of dinshaw d. davar, ag. chief justice and heaton j., have rejected the contention that a mandatory injunction could not issue pending the suit.6. davar acting c.j. has observed as under (p. 570):having regard to the very .....

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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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May 27 1977 (HC)

Rail Chand Vs. Alal Chand and ors.

Court : Delhi

Decided on : May-27-1977

Reported in : 13(1977)DLT153

..... of jurisdiction, instead of directing the return of the plaint, iorder the transfer of the entire suit from the court of the commercialsub judge to the court of the district judge. in this connection, theprovisions of section 24 of the code of civil procedure as amended bythe act of 1976 are useful. section ..... should exercise its power of transfer. accordingly, the highcourt set aside the order returning the plaint and instead transferredthe suit to the court that had rejected the plaint. the high court rejected a suggestion that the plaint should first be filed before a subrodinate judge in meerut and then be tranferred back to some ..... the placing of the file before the district judgefor passing an order of transfer, i find that case cannot be satisfactorilydisposed of by merely rejecting the plaint. this in fact will mean thatthe entire evidence will have to be re-recorded. the suit had beenpending for a period of ten years ..... that the commercial sub judgehad no option but to return the plaint. it is urged by the respondentsthat the order passed in the present case is a perfectly correct orderbecause the entire proceedings were over and ..... was ready for arguments. thishas led the trial court to pass the impugned order dated 16/10/1976, whereby it did not return the plaint, but ordered the file to beplaced before the district judge for transferring the same to a competent court. it is urged by the petitioner .....

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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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Nov 09 1977 (HC)

Pandurang Ramji Doiphode Vs. Dhondiram Ramji Doiphode

Court : Mumbai

Decided on : Nov-09-1977

Reported in : (1979)81BOMLR279

..... till the delivery of possession of his share to him is erroneous. it was submitted that under order xx, rule 12(1) (c) of the code of civil procedure, in the case of a suit for recovery of possession of immovable property with mesne profits, court can pass a decree directing an inquiry as to mesne ..... not purport to lay down positively that a decree in a partition suit for future menses profits falls under o- xx, rule 12(1) (c) of the code of civil procedure especially purports to have been passed under order xx, rule 18.66. the full bench decision in ramabai govind v. anant daji air[1945] bom. 338 : ..... argument was that the possession of defendant no. 1 would become wrongful only from the date on which the collector gave the necessary sanction. this argument was rejected and it was held that when the collector gives his sanction to partition, such a sanction relates back to the date of the institution of the suit and ..... awarded possession of entire properties contained in schs. 'a' and 'c' and possession of 1/24th share in the properties described in schedule 'b' attached to the plaint. the possession of properties in schs, 'a' and 'c' was accordingly delivered to the decree-holder on february 17, 18 and 20, 1943. the decree also ..... 14,643, plus rs. 5,000 on account of his share in the valuation of the shop which was at rs. 25,000 as stated in the plaint. thus, the plaintiff was entitled to get on account of his 7/30th share in the shop rs, 20,475 and after deducting defendant no. 1 ' .....

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Feb 01 1977 (HC)

Jabar Chand JaIn Vs. Firm Mangalchand Champalal

Court : Rajasthan

Decided on : Feb-01-1977

Reported in : 1977WLN(UC)58

..... of exercise of its jurisdiction. in this view of the matter, a case for interference has been made out under section 115(c) of the code of civil procedure.7. accordingly, i allow this revision petition, set aside the order dated january 27, 1975 pissed by the learned munsiff, beawar and order that ..... adjudicate upon and settle all the questions involved in the suit. in passing the impugned order the learned munsiff has committed a material defect of procedure affecting ultimate decision of the case, and as such the order is liable to be set aside.5. the learned counsel appearing on behalf of ..... by the plaintiff against the original pleadings the petitioner filed an application dated january 22, 1975 under order 1, rule 10 read with section 151;, cpc, praying that mangal chand champalal & co., beawar be ordered to be impleaded as party to the suit, because in its absence it was not ..... controversy between the parties and dismissed the application by a cryptic order. the consideration for ex. 2, as alleged in para no. 2 of the plaint was cash consideration. the plaintiff failed to prove it and' pw1 shambu mal, one of the partners, admitted that the suit amount was not ..... on january 22, 1975 the petitioner submitted an application under order 1, rule 10 read with section 151, cpc for impleading m/s mangalchand champalal & co. : beawar as defendant in the suit. this application, was rejected 'by the impugned order dated january 27, 1975. hence this revision petition.4. the learned counsel for .....

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