Court : Mumbai
Reported in : AIR1973Bom40; (1973)75BOMLR318; ILR1973Bom1197; 1974MhLJ43
..... no notice as required by the code of civil procedure to admit the documents appears to have been given to the defendant no.1 or defendant no.2. ..... omprakash shioprakash, now pending in the court of civil judge senior division akola. ..... therefore, whenever it is shown that the subordinate court has exercised its powers either illegally or with material irregularity, the provision of section 115 of the code of civil procedure would be attracted. ..... i am of the view that the proceedings can be properly brought before this court under the provisions of section 115 of the code of civil procedure. ..... or with material irregularity in procedure affecting the rights of the parties to a lis and decides a case which would take in also the interlocutory stages, the matter is amenable to the power conferred by section 115 of the code of civil procedure. ..... now these decisions do not cover every case that is contemplated by the terms of section 115 of the code of civil procedure. ..... now, mr.mohta appearing for the original plaintiff-non-applicant no.1 before me, argues that this is not a fit case where this court be pleased to exercise its powers under section 115 of the code of civil procedure. ..... kamalakshya chowdhry, , the privy council considered that the high court exercised powers under section 115, civil p. c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom307; (1970)72BOMLR150; ILR1970Bom1024; 1970MhLJ387
..... naik relied on section 3(2) of the general clauses act, 1897, which lays down that the word 'act', used with reference to an offence or a civil wrong, shall include a series of acts, and that words which refer to acts done extendalso to illegal omissions', according to mr. ..... section 32 of the bombay civil courts act, 1869 provides in sub-section (1) that no subordinate court other than the court of a civil judge, senior division, and no court of small causes shall receive or register any suit in which the government or any officer of the government in his official capacity is a party. ..... naik referred to section 80 of the civil procedure code which applies to suits instituted against the government as well as to suits 'against a public officer in respect of any act purporting to be done by such public officer in his official capacity. ..... we will next turn to the merits of the two civil revision applications. ..... this civil revision application is, therefore, dismissed, under thecircumstances, there will be no order as to.costs. 26. ..... civil revn. ..... civil revn. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom130; (1951)53BOMLR308; ILR1951Bom648
..... but his contention is that the order cannot be made by the city civil court but should be made by the ct. ..... under section 11(2), bombay city civil courts act to order any' refund. ..... it is then argued that if it was left to the city civil ct. ..... therefore, the question that i have to consider is whether the city civil ct. ..... but the position is different when a plaint returned by the city civil ct. ..... to do justice under section 151, civil p. c.2. mr. ..... is from an order made by the principal judge, city civil ct. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom201; (1958)60BOMLR92; ILR1958Bom340
..... was not a suit for accounts as contemplated in article 31, nor did the plaintiff seek to have an account taken even in respect of the mesne profits, and therefore it was not a suit falling within article 31 and the civil judge, class ii, who had no small cause powers could not have tried it. ..... i need not, however, go into this controversy because it appears to me that upon the very terms of order 46, rule 7, code of civil procedure, it is inapplicable to the facts of the present case. ..... this civil revision arises out of an application presented by the applicant under order 46, rule 7 of the code of civil procedure. ..... question with all its attendant ramifications because here i am not concerned with the validity of the decree but with the question whether a reference ought to have been made under order 46, rule 7 of the code of civil procedure. ..... aru-nachala chettiar air 1948 mad 245, which appeai-s to me to be the only view possible upon the terms of order 46, rule 7, code of civil procedure. 5. ..... 1 a number of authorities have been cited to show that it was a suit triable by the civil judge. ..... gomkale, civil judge, class ii, khamgaon, who tried that suit on the regular side had no juris-diction to decide that suit in view of article 31 of the second schedule to the provincial small cause courts act read with section 16 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom167; 1973MhLJ49
..... at that stage the present application was filed and it was pleaded in the application that the plaintiffs have applied separately for necessary permission under order 1, rule 8, code of civil procedure, that was made by the plaintiffs and consequent amendments were sought in the plaint.6. ..... if a suit on behalf of a trust cannot be maintained in view of any of the provisions of law, only because permission or leave is granted under order 1, rule 8, code of civil procedure, the defect would not stand ceased. ..... the present revision is directed against the order dated october 29, 1968 passed by the 2nd joint civil judge (junior division) khamgaon, allowing the plaintiffs to amend their plaint so as to add averments in the plaint to the effect that they were suing in the representative capacity under order 1 rule 8, code of civil procedure.2. ..... similarly, in the same paragraph permission is sought from the court as required by order 1 rule 8, code of civil procedure.4. ..... sought were that the suit property belonged to the agarwal community of khamgaon and the plaintiffs were suing as such for and on behalf of the community and they seek leave as required by order 1 rule 8, code of civil procedure. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR423; 2000(1)BomCR306; 2000(1)MhLj481
..... however, the summons which was issued to the defendant in the present matter was served on the petitioner under order v, rule 17 of the code of civil procedure and when it was found that on 13-7-1983 the defendant is absent, the suit proceeded ex parte and decree for possession has been passed. 4. mr. p.r. ..... it is further pointed out that on exhibit 1 there is endorsement signed by the civil judge, junior division that 'defendant though duly served with d/s vide exh. ..... he submitted that it is necessary for the learned civil judge, junior division after the summons is returned under rule 17 of order v to make a further inquiry under rule 19 of the said order and thereafter to pass the order that summons has been duly served. ..... order v, rules 17 and 19 of the code of civil procedure are to the following effect: ..... this civil revision application is directed against the order passed by the civil judge, junior division, chalisgaon on 1-9-1989 rejecting the misc. ..... the regular civil suit no. ..... the main crux of the matter is as to whether the service of summons in regular civil suit no. ..... 11 of 1987 filed by the present petitioner for condonation of delay and restoration of the regular civil suit no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom254; (1961)63BOMLR48; ILR1961Bom45
..... we must consider whether the present order of the learned judge of the city civil court setting aside the ex parte decree falls under any of the provisions of the code, sothat the act required to be done by the defendant under that order, namely, to deposit a certain amount and to pay ..... lulla on behalf of the defendant was that under section 148 of the code of civil procedure the learned judge had ample jurisdiction to extend the time for making the deposit as well as the payment directed by the order setting aside the ex parte decree and that the ..... for the plaintiff-respondent, on the other hand,, contended that section 148 of the code of civil procedure had no application to the facts of the present case at all and for this purpose he relied upon a passage in sir dinsliaw mulla's code of civil procedure in the commentary under section 148 of the code. ..... learned advocate for the defendant, was not able to show any provision of the civil procedure code under which an appeal against such an order could lie. ..... 1588 of 1954 against the order passed by the learned city civil court judge on the chamber summons which wss taken out by the defendant on 26th february 1958 dismissing it ..... it is true that the procedure adopted in the city civil court is the same as the one prevailing on the original side of ..... that notice of motion was disposed of by the city civil court on 29th january 1958, and the order that was passed on the notice of motion by the learned judge of that court was that on the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom298; (1979)81BOMLR501; 1979MhLJ149
..... this revision application is against an order passed by the civil judge (junior division), chandrapur, in regular civil suit no. ..... . 1, civil p. c.12 ..... . i may refer in this connection to the observation or dicta at page 599 of mulla's civil p. c ..... . 1, civil p. c ..... . 1, civil p. c ..... . 1, civil p. c ..... . 1, r 1, civil p. c .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1665
..... 63 of the code of civil procedure, a set-off allowed by a court under order xxi, rule 72 dto a decreeholder who has purchased the property of his judgment -debtor, can affect the right under s. ..... 63(2) of the civil procedure code, and the order is, in my opinion, mere machinery, which does not affect the rights of third partires. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom348; (1973)75BOMLR503; 1974MhLJ356
..... corporate body, and i do not see how the passage cited from halsbury's laws of england or any of the cases referred above, bar a suit or how the general principle of implied exclusion of civil court's jurisdiction can bar a suit of the nature filed by the market committee against dealers in the present case for the recovery of fees.19. mr. ..... of the correctness of the assessment apart from its constitutionality are for the decision of the authorities and a civil suit does not lie if the orders of the authorities are declared to be final or there is an ..... the above revision application on the ground that the decision is erroneous in law and the learned district judge erred in holding that the suit was not maintainable as the civil court had no jurisdiction to try the claim of the market committee for the recovery of licence-fees.7. ..... legal system in this country an exclusion of the jurisdiction of the civil court is not readily to be inferred unless certain conditions are fulfilled ..... the learned judge reversed the decree on the ground that the civil court had no jurisdiction to entertain the suit, in the absence of specific provision in the act enabling the market committee to sue to recover licence fees who traded without a licence, ..... these five applications in revision under section 115 of the code of civil procedure, are filed by the agricultural produce market committee, sholapur, constituted under the bombay agricultural produce markets act, 1939, and now governed by the maharashtra .....
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