Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 rule 1 to 3 suits by or against trustees executors and administrators Court: andhra pradesh Page 1 of about 11 results (0.114 seconds)

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. .....

Regulavalasa Rama Rao Vs. Munagavalasa Kanakaratnam

Court : Andhra Pradesh

Reported in : 2006(5)ALD313

..... as per section 120 of the evidence act, the husband will be a competent witness in a civil suit on behalf of wife and under order 3 of the code of civil procedure appearances in courts made by recognized agent or pleader. ..... under section 2(iv) of the act,' means the owner of a building and includes a person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another person or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant. ..... late jagannadha rao died intestate leaving behind five sons and two daughters and even according to landlady, she gets only l/7th share in the undivided joint family properties and the husband of the landlady being an advocate is not entitled to depose as a witness on behalf of his wife in view of rule 13 of the bar counsel of india rules and therefore, the said deposition of p.w.10 is to be excluded, and if that be so there is no evidence available on record to prove the case of the landlady.12. ..... in criminal proceedings against any person, the husband or wife of such person, respectively, shall be competent witness.15. ..... as against the said judgment, the tenant filed c.m.a. no. ..... against the said petition, the landlady preferred c.m.a. no. .....

Vallabhaneni Neelakanteswara Rao and ors. Vs. Sri Edupuganti Raghavend ...

Court : Andhra Pradesh

Reported in : AIR1963AP20

..... 'section 16 of the act of 1862 provides that the articles of association, when registered, shall bind the company and the members thereof to the same extent as if each member had signed his name and affixed his seal thereto, and there worn in such articles contained a covenant on the part of himself, his heirs, executors, and administrators to conform to all the regulations contained in such articles, subject to the provisions of this act. ..... he stated that suits for establishment of rights of one trustee as against another would not fall within the ambit of section 92 civil procedure code, but he had not considered tbe point whether the instant case was for the vindication of any right alleged to have been infringed by one or other trustees of the institution. 20. ..... ' section 10, in so far as it is relevant for the present enquiry, runs as follows: 'any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore .....

Syed Mujtaba Alli, S/O. Sri Syed MohsIn Vs. D2 Late Nawab MazharuddIn ...

Court : Andhra Pradesh

..... entitled to be impleaded, after passing of an ex-parte preliminary decree, in a suit filed by a daughter of the executor of the trust creating the said institution, against him and other trustees, to (i) declare the trust deed as a sham and nominal transaction and not binding on her and (ii) for specific performance of an agreement allegedly executed in her favour by the executor of the trust agreeing to give her a half share in the 'a' schedule properties ..... civil procedure code contemplates the passing of a preliminary decree in which the court will decide (i) who are the parties entitled to a share, (ii) what are the shares, (iii) what are the joint liabilities on the property and ..... probe for which purpose jagir administrator and secretary, revenue department, government of andhra pradesh apart from district collector, ranga reddy district and district collector, hyderabad were to be impleaded as inclusion of many localities and villages situated in the above districts would result in any amount of prejudice, adversely affecting rights of individuals in possession, and the orders would virtually come ..... is also entitled to invoke order 1 rule 8a of cpc and seek to get impleaded in the appln.no.455 of 2009 because the following questions of law arise for consideration, directly and substantially in the suit, necessitating in public interest such impleadment, to enable the court to present its opinion and take such part in the proceedings of the suit as the court may specify : (a) .....

Abdul Rehman Vs. Saraswathi Prasad Singh

Court : Andhra Pradesh

Reported in : 2008(5)ALD163; 2008(5)ALT7

..... 264 of 1961 under order xxiii rule 3 of code of civil procedure, 1908 (cpc) to record memorandum of compromise. ..... the same reads as follows.2(vi) 'landlord' means the owner of a building and includes a person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another person or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant;explanation: a tenant who sub-lets a building shall be deemed to be a landlord within the meaning of this act in ..... the tenant, however, produced evidence to show that saraswathi prasad singh had no title as decided by this court and supreme court, and that landlord himself filed a suit for declaration of his title, and even if rent is not paid, the same does not amount to wilful default. ..... by restricting the meaning of expression 'landlord' for the purpose of section 11(l)(c), the legislature manifested its intention namely that landlord alone can seek eviction on the ground of his personal requirement if he is one who has a right against the whole world to occupy the building himself and exclude any one holding a title lesser than his own. ..... one b.laxmaiah filed large number of eviction petitions under the rent control act against various persons who were in occupation of one room asbestos roofed tenaments in the locality known as najeeb bagh. .....

Masulipatam Municipality Represented by Commissioner Vs. Rallabhandi V ...

Court : Andhra Pradesh

Reported in : AIR1960AP572

..... effect is the passage in williams on executors and administrators, thirteenth edn. ..... 'that there is no distinction between an administration suit instituted by a creditor and an administration suit instituted by a legatee is pointed out ..... civil procedure code related to withdrawal of suits. ..... the 1st and 2nd defendant were executors and trustees of the estate ..... the plaintiff alleged that the testator intended to construct four gates in the robertsonpet, masulipatam, to be named after his parents and himself and his wife and directed his executors and trustees to construct them from out of the estate funds. ..... having regard to the fact that the suit is an administration suit, the 4th defendant is to be treated as being in the position of a plaintiff and transposed as the 3rd plaintiff? ..... the 1st plaintiff to sue on behalf of all the legatees.as there was a settlement between the two executors impleaded as defendants 1 and 2 and the 3rd defendant, the estate was handed over to the 3rd defendant. ..... ), he pointed out that it is well settled that where one creditor sues on behalf of himself and the others for administration of the estate the debtor, the defendant may, at any time before judgment, have the action dismissed on payment of the plaintiffs debt and all the costs of the action. ..... order 23, rule 1(1) and (3) are in the following terms : 'sub-rule (1) :at any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part .....

Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.

Court : Andhra Pradesh

Reported in : AIR1959AP448

..... 38/43 secured by the 4th defendant operates as res judicata against him by the principle of 'might and ought' in explanation 4 to section 11 civil procedure code, which says;'any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. ..... brazazon combe after appointing his wife and son to be executors and trustees, devised and bequeathed his residuary, real and personal estate, to trustees upon trust for conversion and to hold the net proceeds and the investments representing the same in trust to pay the income to his wife during widowhood and after her death or remarriage in trust for his only son for life and from and after his death 'in trust for such person or persons as my said son ...... ..... 'i should gather from the terms of the will that it was mere power conferred on the husband,'the learned judge also remarked that the authorities cited to him did not show that 'any hard and fast rule that a gift to a for life with power to a to appoint among a class and nothing more must, if there is no gift over in the will, be held to be a gift by implication to the class in default of the power being exercised. ..... all the rules of procedure are devised only in the interests of proper administration of justice and they should be made to serve that end. .....

Datla Chandraiah (Died) by Lr and anr. Vs. Kothalanka Durga Vara Prasa ...

Court : Andhra Pradesh

Reported in : 2002(5)ALD294

..... of the legal representative as the remainderman under the deed of settlement is to sue on his title.order 1, rule 9 of the code of civil procedure reads as follows:'no suit shallbe defeated by reason of the mis-joinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it:provided that nothing in this rule shall apply to non-joinder of a necessary party'.in udit narayan singh v. ..... was contended that the 2nd appellant in the appeal had filed the said crp as against the passing of final decree and inasmuch as a final decree also is a decree within the meaning of section 2(2) of the code of civil procedure, as against the same, the crp under section 115 cpc is not maintainable and hence the said remedy is a misconceived remedy.10. ..... to any property, may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion, make therein a declaration that he is so entitled and the plaintiff need not in such suit ask for any further relief:provided that no court shall make any such declaration where the plaintiff being able to seek further relief than a mere declaration of a title, omits to do so.explanation :--a trustee of property is a 'person interested ..... as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased. .....

K. Manga Raju Vs. Venugopalaswamivaru and anr.

Court : Andhra Pradesh

Reported in : AIR1964AP412

..... enacts:'where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them'.16. mr. ..... rule is well settled, and so far as the present case is concerned, we have the additional advantage of the express language of section 24 of act xix of 1951 (the madras hindu religious and charitable endowments act), where it is provided that 'the trustee of every religious institution is bound to administer its affairs and to apply its funds and properties in accordance with the terras of the trust, the usage of the institution and all lawful directions which a competent authority may issue in respect thereof and ..... in the light of the above definition, i do not think there is any force in the contention that the second defendant and his other two colleagues are not trustees within the meaning of that expression used in order 31, rule 2, civil p. c.18. ..... , in express terms requires that all the trustees should be impleaded in a suit and the terms of order 1, rule 9 civil p. c. ..... but, where under the terms of a statutory provision certain parties have to be impleaded and they have not been so impleaded, it cannot be contended that the provisions of order 1, rule 9, civil p. c. ot s. ..... 51 of 1953, on the file of the district munsif's court, peddapuram, and that, therefore, the present claim for that amount was barred under order 2, rule 2, civil p. c. .....