Court : Chhattisgarh
Reported in : II(2001)ACC202; 2001(3)MPHT12(CG)
..... ordinarily, against the judgment and decree, a regular first appeal lies to the high court under section 96 of the code of civil procedure, but the defendant/applicant for the reasons best known to him did not challenge the correctness, validity and propriety of the judgment and decree before this court.5. ..... during the course of the trial, the defendants raised a question that the suit was not maintainable before the civil court and the claim should have been lodged before the railway accidents tribunal. ..... firstly, because the revision is not maintainable against the judg-ment and decree passed by the civil court in a regular suit, the revision is not maintainable and it deserves to be dismissed. ..... the trial court after hearing the parties, while answering the question no, 6 observed that the suit was cognizable by the civil court. ..... 1 filed a civil suit for recovery of damages on account of the injuries suffered by him in a railway accident. ..... civil revision dismissed. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(1)MPHT27(CG)
..... the present applicant hazi mohammad hanif qureshi filed a civil suit in the court of civil judge, class-ii, sakti. ..... order 8 of the code of civil procedure clearly provides that apart from denying the material pleadings raised by the plaintiff the defendant would be entitled to set up his own defence and raise his independent pleadings to non-suit the plaintiff. ..... the said civil suit was registered as civil suit no. ..... civil revision allowed. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(3)MPHT49(CG)
..... briefly stated facts arc that separate civil suits for eviction were filed by three persons namely smt. ..... 7/1999 whereby the court of viii civil judge, class-ii, bilaspur, has restored the civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(4)MPHT41(CG)
..... opposed the application, and filed an application under order vii rule 11 of the code of civil procedure stating that, the plaintiffs may avail relief from the revenue court under the land revenue code and notice under section 80 of the code of civil procedure has not been served on the government, therefore, the suit, being barred by law, ..... is apparently not a formal party, and without service of notice, as required under section 80 of the code of civil procedure, a suit, to obtain an urgent or immediate relief against the government, can only be filed with the leave ..... therefore, the suit, filed by the plaintiffs without service of notice under section 80 of the code of civil procedure or permission as required under section 80(2) of the cpc, and barred under section 257 of the chhattisgarh land revenue code, ought to have rejected, whereas learned trial court, ..... party, notice under section 80 of the code of civil procedure was not necessary, and further in the interest of justice, holding permission to file the suit necessary; rejected the application filed by the defendants-applicants under order vii rule 11 of the code of civil procedure and allowed the application filed by the plaintiffs- ..... 1 to 3 filed a suit for declaration and injunction alongwith an application under section 91(1)(b) of the code of civil procedure for permission to file the suit on the ground that the suit property is recorded as gothan in revenue record and the defendants-applicants are making construction .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2003(1)MPHT38(CG)
..... while exercising the civil jurisdiction such type of direction cannot be given by learned presiding judge because what cannot be done directly, that cannot be done indirectly.9. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT32(CG)
..... 1/decrcc holder was put into execution, the present applicant made an application under rules 97/98 of order 21 of the code of civil procedure pleading inter alia that he being the third party to the decree and as he is in possession of the property in his own rights, in execution of the said decree passed against respondent no. ..... the trial court rejected the application observing that an application under rules 97/98 of order 21 of the code of civil procedure was not maintainable at the instance of a third party who was still in possession of the property. ..... rule 102 of order 21, cpc, in fact, is a juxtapose reading of section 11 of code of civil procedure and section 52 of the transfer of property act. ..... 57-a of 1991 was decreed by the second civil judge, class ii, durg on 15-2-1995. ..... section 11 of the code of civil procedure clearly provides that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between ..... 2 the trial court recorded the finding that the decree passed in civil suit no. ..... the said civil suit no. ..... 1, submits that though the application of the present objector was rejected as not maintainable but even otherwise the said application was not maintainable in view of the rule 102 of order 21 of the code of civil procedure. ..... being aggrieved by the said rejection the objector has come to this court under section 115 of the code of civil procedure.2. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(4)MPHT65(CG)
..... law laid down in the case of state of rajasthan (supra), it is held that, 'it is well settled that a suit filed for recovery of amount covered under the dishonoured cheques should not be stayed under section 10 of the code of civil procedure solely on the ground that criminal proceeding has been instituted'.9. ..... learned counsel for the applicant submits that the proceedings of the civil suit should be stayed, as filing of written statement will prejudice the criminal case of the applicant.6. ..... the defendant/applicant did not file written statement, on the contrary filed an application under section 10 of the cpc for staying the proceedings of the civil suit on the ground that a criminal proceeding has been lodged. ..... we have never come across stay of any civil suits by the courts so far. ..... the revision is against the order dated 18-9-2001 passed by the 5th civil judge class-i in civil suit no. ..... even otherwise it no longer subsists, since many of them have filed their defences in the civil suit. ..... , reported in 1996(2) mpwn 61 (sc), wherein it has been held that, 'it is settled law that pendency of the criminal matters would not be an impediment to proceed with the civil suits. ..... 194 = 2000(4) civil l.j. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(4)MPHT1(CG)
..... , and where the applicant is still resisted or obstructed in obtaining possession the court may also at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days.' 8. ..... being aggrieved by the said order, the objectors/applicants have filed this revision petition under section 115 of the civil procedure code. 4. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(5)MPHT43(CG)
..... learned counsel for the applicant-defendant shri sunil sinha submits that a bare perusal of rule 6-a to 6-c order 8 of the code of civil procedure would clearly show that a counter claim can always be filed by a defendant if the cause of action accrues in his favour either before filing of the suit or even after filing of the suit but before raising ..... according to the scheme of the code of civil procedure, especially of rule 6-a to 6-c of order 8, a defendant is entitled to file counter claim if the cause of action accrues in his favour before the date of filing of the plaint. ..... the said application was rejected by the lower court therefore the defendant came to the high court of madhya pradesh in civil revision no. ..... on 12-8-1994 the defendant filed his written statement and thereafter on 4-5-1998 had made an application under order 6 rule 17 of the code of civil procedure. ..... the applicant/defendant being aggrieved by the order dated 8-4-2000 passed in civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh22; 2006(2)MPHT89(CG)
..... therefore, when no order for issuance of notice by registered post, in addition to ordinary mode, was passed by the first appellate court, and no notice for service by the modes provided under order v rules 9 to 19 of the code of civil procedure was issued, the service of notice, in violation of those rules, effected on the defendant by registered post, shall certainly be held illegal and, therefore, learned court below i.e. ..... krishna murthy is not a competent person to sign the application under order xli rules 19 and 21 read with section 151 of the code of civil procedure filed by the defendant on the ground that the power of attorney in his favour is not in accordance with law. ..... it is manifest that, the application under order xli rules 19 and 21 read with section 151 of the code of civil procedure was filed by a competent person and also within the time prescribed for it, therefore, the findings recorded by the court below i.e. ..... the relevant provisions, having vital impact on the case, contained under order xli, rules 21 and 22(1) of the code of civil procedure are quoted below :order xli, rule 21 : 're-hearing on application of respondent against whom ex parte decree made. ..... hence, the defendant was not required to appear on 7-7-1999 and 16-7-1999, therefore according to order xli rule 17(2) of the code of civil procedure, the first appellate court had no power to proceed ex parte on those two dates against the defendant.11. .....
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