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Showing contexts for: STRUCK OF PLAINT in M/S.Gharda Chemicals Limited vs Jer Rutton Kavasmanek Alias on 20 December, 2012Matching Fragments
Thus the Rule appears to be that the plaint can be rejected in plain and obvious cases when the action is one which cannot succeed or is in some way an abuse of the process of the Court. The plaint should not be struck out unless the case is unarguable. In the same judgment Sir Gordon Willmer at page 1105 observed as follows:
"The question whether a point is plain and obvious does not depend on the length of lime it takes to argue. Rather the question is whether when the point has been argued, it has become plain and obvious that there can be but one result."