Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 rule 1 to 3 suits by or against trustees executors and administrators Page 1 of about 276 results (0.202 seconds)

Randhir Singh Bhutoria and Anr. Vs. Food Corporation of India

Court : Kolkata

..... order 31 of the code of civil procedure deals with suits by or against the trustees, executors and administrators. ..... appendix- a under the heading pleadings of the code of civil procedure, 1908 and subheading (1) titles of suits provides that a natural person should be described first and then his capacity in relation to subject matter in the cause title, that is to say, if an executor is suing on behalf of the deceased as the executor of the deceased, the name of the executor must appear first and thereafter such executor should be described as the executor of the particular deceased. ..... ) in food corporation of india (supra) it has been held that sections 16, 17, 20 and 120 of the code of civil procedure, 1908 do not apply to a high court established by the letters patent, 1865. ..... it can at best be a scenario where the plaintiffs have not been properly described, an objection more akin to order 1 rule 10(1) of the code of civil procedure, 1908. ..... by virtue of section 120 of the code of civil procedure, 1908 the provisions of section 20 of the code of civil procedure, 1908 do not apply to a chartered high court exercising ordinary original civil jurisdiction. ..... order 1 rule 9 of the code of civil procedure, 1908 deals with misjoinder and non-joinder of parties. ..... rule 1 of order 31 lays down that in all suits concerning property vested in a trustee, the trustee shall represent the persons so interested and it shall not ordinarily be necessary to make them parties to the suit. .....

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court : Andhra Pradesh

..... the procedure to be followed in the suits by or against partnership firms, trustees, executors and administrators are dealt with by order xxx and order xxxi ..... a society in law and right to sue order i of the code of civil procedure, 1908 (cpc) contains general rules as to the parties to the suits before the civil court. ..... pleadings in a suit by or against a juristic person like a corporation are to be signed and verified by the secretary or director or the principal officer and in a suit against such corporation the service of summons or notices on the secretary or director would be sufficient compliance with the rules dealing with service ..... there is no separate set of rules in the cpc insofar as the suits by or against registered associations or societies are concerned, one has to look to the relevant enactment dealing with ..... the petitioner society represented by secretary instituted o.s.no.109 of 2001 on the file of the court of the i additional senior civil judge, vijayawada, against the second respondent for specific performance in respect of land admeasuring acs.2.94 cents, alleging that the second respondent sold the property under an ..... that where an award is made by the lok adalat in terms of a settlement arrived at between the parties (which is duly signed by parties and annexed to the award of the lok adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court. .....

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court : Andhra Pradesh

..... the procedure to be followed in the suits by or against partnership firms, trustees, executors and administrators are dealt with by order xxx and order xxxi of ..... a society in law and right to sue order i of the code of civil procedure, 1908 (cpc) contains general rules as to the parties to the suits before the civil court. ..... pleadings in a suit by or against a juristic person like a corporation are to be signed and verified by the secretary or director or the principal officer and in a suit against such corporation the service of summons or notices on the secretary or director would be sufficient compliance with the rules dealing with service ..... there is no separate set of rules in the cpc insofar as the suits by or against registered associations or societies are concerned, one has to look to the relevant enactment dealing ..... the petitioner society represented by secretary instituted o.s.no.109 of 2001 on the file of the court of the i additional senior civil judge, vijayawada, against the second respondent for specific performance in respect of land admeasuring acs.2.94 cents, alleging that the second respondent sold the property under an ..... that where an award is made by the lok adalat in terms of a settlement arrived at between the parties (which is duly signed by parties and annexed to the award of the lok adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court. .....

Shri Paswarshnath Digambar JaIn Mandir Trust Shahdol Vs. Smt. Meera Ba ...

Court : Madhya Pradesh

..... additional district judge, shahdol in an appeal; whereby, suit for eviction preferred by appellants/plaintiffs has been dismissed on the ground that the same is not proved to be filed by the trustees as required under order 31 rule 1 code of civil procedure, 1908. ..... in all suit concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or administrator shall represent the person so interested, and it shall not ordinarily be necessary to make them parties to the suit. ..... civil suit 47 a/2008, for eviction, at the instance of appellant/plaintiff shri parasnath digambar jain mandir trust, shahdol through its trustees was decreed on 31.10.2008 on the ground of bona fide requirement of the suit premises. ..... in absence of cogent material on record establishing the fact that the plaintiffs have been recognized as trustees by the registrar, public trust, the findings arrived at by the first appellate court does not suffer from vice of perversity as would give rise to a substantial question of law. ..... order 31 rule 1 cpc stipulates that representation of beneficiaries in suits concerning property vested in trustees, etc. ..... , the suit was not filed by the trustees.apparent it is from record that the suit is filed by the trust through six trustees, viz. ..... this is plaintiffs' appeal directed against the judgment/ decree dated 23.10.2009 passed by firs. .....

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Reported in : 1993(2)BomCR329

..... order 31, rule 1 civil procedure code 1908, permits the beneficiary to initiate and be impleaded to a suit, though ordinarily it shall not be necessary to do so. ..... real or personal estate which is vested in trustees under a will, settlement, or otherwise, such trustees shall represent the persons' beneficially interested under the trust, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested under the trusts parties to the suit; but the courts may upon consideration of the matter ..... yes, the trustees did not file a suit against defendant 1. ..... the beneficial interest or interest of the beneficiary is defined as the right of the beneficiary against a trustee as the owner of the trust property. ..... in november 1988 a division bench of this high court allowed an appeal against the order of the single judge in the 1973 suit, which order had the effect of virtually striking off the entire plaint in the said suit under order vi, rule 16 of the code of civil procedure. .....

Gandhi Sewa Shikshan Samiti Vs. Gulam HussaIn Welji

Court : Mumbai

Reported in : (1962)64BOMLR206

..... order xxxi relates to suits by or against trustees, executors arid administrators. ..... it will thus be seen that: there is a distinction between a suit against a third party or a stranger and a suit for the specific reliefs that have been contemplated under section 92 of the code of civil procedure, and section 50 of the bombay public trusts act. ..... the distinction, which has been drawn between suits against third persons as contemplated by order xxxi, rule 1, of the cod of civil procedure, and suits as contemplated by section 50 of the bombay public trusts act, will explain the provisions of section 32 of the madhya pradesh public trusts act and section 31 of the bombay public trusts act, and section 92' of civil procedure code, and will produce a sort of harmony between these provisions and the provisions of section 6 of the indian societies registration act. ..... it provides:notwithstanding anything contained in the indian limitation act, 1908, no suit against an assignee for valuable consideration of any immovable property of the public trust which has been registered or is deemed to have been registered under this act for the purpose of following in his hands, such property or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.section 52a contemplates a suit against an assignee for the recovery of immovable property or the proceeds .....

Salmaben S. Dordawala Vs. Hajar Janab Amil Saheb and anr.

Court : Gujarat

Reported in : (1995)2GLR1799

..... order xxxi of the code of civil procedure, 1908, provides that in all suits concerning property vested in a trustee, executor or administrator where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. ..... (2) that under order 31, rule 1 of the code of civil procedure, 1908, this application, without joining all the beneficiaries of the respondent-trust, is not maintainable. ..... it was expressly made clear to the respondents that in such a case the court would proceed on the basis that they were wilfully disobeying the order passed by the education tribunal and action would be taken not only against them but also against all those who were found to be guilty of connivance or negligence in not complying with the order of the tribunal.4. ..... govt of andhra pradesh air 1980 sc 1042, wherein it was held that is open to the government or the university to frame rules and regulations governing the conditions of service of teachers in order to secure their tenure of service and to appoint a high authority armed with sufficient guidance to see that the said rules are not violated or the members of the staff are not arbitrarily treated or innocently victimised. ..... rule is made absolute accordingly against respondent no. .....

S. Santokh Singh S. Udey Singh Vs. Patiala Banaspati and Allied Produc ...

Court : Punjab and Haryana

Reported in : AIR1962P& H530; [1963]33CompCas708(P& H)

..... provides that the property of the insolvent for the purpose of the section shall not include any property which is exempt by the code of civil procedure, 1908 or by any other enactment for the time being in force from liability to attachment and sale in execution of a decree.according to mr. ..... divisible among the creditors and, therefore, does not pass to the official assignee or the receiver, according to the law of insolvency by mulla (2nd edition) pages 449 and 450, the rule that property held by the insolvent on trust for others does not pass to the official assignee or receiver applies not only to the property held by the insolvent as a trustee in the strict sense of the term but also to property held by him as executor or administrator or in any ..... november 1949 the board of directors acting on the report of certain engineers to the effect that the steam alternator and some other machinery supplied by the engineering company were not according to specification, passed a resolution by which it was decided to file a suit against the engineering company. ..... to reimbursement in respect of the amount which he had been compelled to pay for no fault of his own but because costs had been awarded against the company as well for which also the responsibility largely was of the official liquidator as no appearance was entered in the bombay court and the suit was allowed to go by default.there can be no doubt that the petitioner can justly say that he could have been made to pay the .....

Bada Kristam Naidu Vs. Durvada Patrudu Alias Janakiramayya Chowdhari a ...

Court : Chennai

Reported in : AIR1927Mad903; (1927)53MLJ568

..... hardwar roy (1909) crilj 485the term 'representative' as used in section 244 of the code of civil procedure of 1882 means not merely the legal representative in the sense of the heir, executor or administrator, but includes any representative in interest, that is, any transferee of the interest of the decree- ..... , observed at the end of his judgment:it is also clear that the code of civil procedure did really intend to prevent benamidars coming in and making applications to the court on the general basis of the law relating to benami ..... (1908) m 534 in support of the view that, when the title of the holder of a decree or of a transferred decree terminates, when, for instance, the holder is an executor and probate is revoked, when he is a trustee under a trust found to be invalid, when he is an official receiver and the adjudication is annulled, the owner upon whom the title devolves may be substituted by the ..... in my opinion no reason to think that the learned district judge came to a wrong conclusion on the merits and as i am against the appellant also on the point of law this civil miscellaneous appeal must be dismissed with costs.4. c.m.s.a. no. ..... : air1921mad599 , which was heard by a bench of three judges, seems to imply that order 21, rule 16 is not exhaustive of every case which might come under its provisions. ..... said that just at the time patrudu chowdhari was preparing a fresh suit for partition as the high court had dismissed his previous suit on a preliminary point. p.w. .....

Mathewson Vs. Ram Kanai Singh Deb

Court : Kolkata

Reported in : (1909)ILR36Cal675

..... not a necessary but only a proper party to the suit, and that when he was added as defendant he was added in the same way as beneficiaries are added as parties in suits under section 437, civil procedure code, between a trustee, executor or administrator and a third person, regarding property vested in the former, and that when a person is added merely as a proper party, in the course of the suit, though after the expiry of the period of limitation ..... 2 was improperly joined as a party to the suit under section 32 of the old civil procedure code or rule 10 of order i of the new code, in the circumstances, however, having regard especially to the late stage at which the plea was raised, i assent ..... v of 1884), the power of the manager to sell any portion of the property was expressly made subject to the qualification, that he could do so, only 'with the previous consent of the holder of the property and of the person (being of full age), who would be his heir if he died intestate,' whereas under section 17 of the same act (before it was amended by section 7 of act v of 1884), the ..... 1 as against the manager, it would have been dismissed on the ground that it infringes the rule against perpetuity, it is necessary to observe at the outset, and this was also admitted on behalf of the respondent, that the rule applies only to future interests in land, which may ..... change in the wording of the corresponding section in the new limitation act (ix of 1908), by which the anomaly has been removed. .....