Constitution of India, seeking an order to struck down the plaint in O.S.No.920 of 2012 on the file of Subordinate Court, Coimbatore ... power under Article 227 of the Constitution of India and to struck off plaint, this Court should come to a conclusion, that the suit
revision
petitioners have filed these Civil Revision Petitions seeking to struck off
the plaint as not maintainable and legally barred on the ground of
limitation ... involves mixed question of law and fact and therefore the
plaint cannot be struck down without a Trial.
11.Contending so, he summed up praying
were instituted on the same
date. The learned Single Judge struck down the plaint under
order VI Rule XVI of the code of Civil Procedure ... Suit No. 1394 of 1996. The learned Single Judge has
struck off the plaint in the suit as being an abuse of he
process
Court, Thiruvallur from 29.05.2007 till 07.09.2012, the
date on which the plaints were struck off by the Honourable Supreme Court,
for the purpose of computing ... Rule 2 of
CPC . Therefore, the Honourable Supreme Court struck off the plaints in the
subsequent suits filed by the respondent/plaintiff
action and when there is an allegation of fraud, a plaint cannot be struck off, unless the same is allowed to be proved. He also ... those cases, I have considered the circumstances under which a plaint could be struck off as abuse of process of court. In those cases
deleted; and
(iii) the verification clause of the plaint filed be struck out and plaint be returned as defective.
2. The first plaintiff ... contesting defendants and as such are liable to be struck out from the plaint at this stage under the provisions of Order VI, rule
prevent abuse of process of Court and passing order to struck off plaint from the file of the Court, if it is a clear abuse ... plaint on disputed question of facts. Therefore, the plaint in O.S.No.48 of 2015 is liable to be struck
plaint;
that portions of the pleadings in the plaint as more particularly
mentioned in the Schedule to the Chamber Summons be struck ... deleted; and the verification clause of the plaint be struck out
and the plaint be returned as defective. The learned Judge in
paragraph 24, after
ends of justice.
52. It cannot be disputed that plaint could be struck off only in the
rarest of cases, when there is clear abuse ... consider
only the averments in the plaint to decide whether the plaint is liable to be
struck off or not. The written statement
expunged and the name of D2 should be struck out from the plaint. Hence, these petitions.
5. The plaintiff filed separate counter contending that though ... action?
iv. Whether the name of D2 has to be struck out from the plaint?
v. Whether the plaintiff has got a prima fade case
