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Showing contexts for: STRUCK OF PLAINT in Bsn (Uk) Ltd. And Others vs Janardan Mohandas Rajan Pillai And ... on 22 January, 1993Matching Fragments
Jhunjhunuwala J.
1. By this chamber summons, defendants Nos. 1 and 2 who are directors of Britannia Industries Ltd., the seventh defendant, in the suit seek that :
(i) the names of plaintiffs Nos. 1 and 2 be struck out and/or deleted from the cause title of the plaint filed in the suit;
(ii) the portions of the pleadings put forth in the plaint as more particularly mentioned in the schedule to the chamber summons be struck out and/or deleted; and
(iii) the verification clause of the plaint filed be struck out and plaint be returned as defective.
7. In the facts of the case the following points arise for consideration :
(i) Whether the names of plaintiffs Nos. 1 and 2 are liable to be struck out and/or deleted from the cause title of the plaint under the provisions of Order 1, rule 10 of the Code of Civil Procedure, 1908;
(ii) Whether the portions of the pleadings in the plaint as more particularly set out in the schedule to the chamber summons are liable to be struck out under the provisions of Order 6, rule 16 of the Code of Civil Procedure, 1908;
(c) which is otherwise an abuse of the process of the court."
30. Thus, at any stage of the proceedings, the court has power to strike out any matter in any pleading which in the opinion of the court is unnecessary, scandalous, frivolous or vexatious or which tends to prejudice, embarrass or delay the fair trial of the suit or which is otherwise an abuse of the process of the court.
31. A suit is always based on a cause of action."A cause of action" means every fact, which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court. In other words, it is a bundle of facts which the law applicable to them gives the plaintiff a right to relief against the defendant. In the plaint, the plaintiffs were required to state only such facts which constitute the "cause of action" for the reliefs claimed therein. The plaintiffs have claimed the relief of declaration that defendants Nos. 1 to 6 have vacated their office as directors of the seventh defendant company since, according to the plaintiffs, defendants Nos. 1 and 2 in violation of section 299 of the said Act have not disclosed their interest or concern in the contracts or arrangements between the seventh defendant company on the one hand and defendants Nos. 9, 10 and 11 on the other hand and have also prayed for order and injunction against defendants Nos. 1 to 6 to restrain them from acting as directors of the seventh defendant company. Since, according to the plaintiffs, defendants Nos. 1 to 6 and 12 have caused wrongful loss to the seventh defendant and wrongful gains to themselves through the instrumentality of defendants Nos. 9, 10 and 11, the plaintiffs have also sought the reliefs of accounts and ascertainment of loss and/or damages caused and decree against defendants Nos. 1 to 6 and 12 for payment thereof to the seventh defendant. The plaintiffs have, however, made several statements in the plaint relating and/or anywise pertaining to "shareholders agreement relating to ABI Holdings Ltd., dated December 21, 1989" (for short, 'the shareholders agreement'), and otherwise which do not anywise constitute cause of action in respect of the reliefs claimed in the suit. As a matter of fact, a separate suit in respect thereof has already been instituted abroad in a court of law which is pending. The statements and averments made by the plaintiff as more particularly mentioned in the schedule annexed to the chamber summons do not constitute cause of action formulated in the plaint nor do the same support the cause of action set out in the plaint filed nor would the same form part of evidence in chief which the plaintiffs would be bound to lead for the purpose of obtaining the reliefs asked for nor are the same necessary or relevant or germane to the reliefs sought in the suit. Such statements and averments are irrelevant, unnecessary, scandalous, frivolous and tend to prejudice or embarrass the contesting defendants and as such are liable to be struck out from the plaint at this stage under the provisions of Order VI, rule 16 of the Civil Procedure Code.