obtained
leave to sue against the defendants. Therefore, the plaint has to be struck off.
11. Further, under Sec. 244 of the Companies ... plaint are
necessary parties and therefore their names cannot be struck off from the
plaint. Further, when the suit is not maintainable by the plaintiffs
application, otherwise the entire proceedings is
vitiated and the plaint has to be struck out under Order 7 Rule 11 of CPC . He
relied ... application is made under Order
1 Rule 8, the plaint cannot be struck out in view of the categorical
pronouncement of this Court in Royal
both the suits was one and the same and the plaint was struck
off. Relying upon said judgment, Hon'ble Judge in Lakhbir
Singh
with the plea of res judicata or the statement or plaint may be
struck out on the ground that the action is frivolous and vexatious ... possible to strike
out the plaint on the ground of issue estoppel, the action can be
struck out as an abuse of the process
plaint "discloses no
cause of action". No doubt the Court considered in M. V. MONCHEGORSK
whether the plaint discloses no cause of action ... vessel. The Court actually inquired into circumstances in which
the plaint can be struck out as disclosing no cause of action as considered
with the plea of res judicata or the statement or
.
plaint may be struck out on the ground that the
action is frivolous and vexatious ... possible to strike out the plaint on the
ground of issue estoppel, the action can be struck out
as an abuse of the process
abuse of the process of Court. Therefore, the plaint is liable to be struck off the Suit Register.
10. As held by the Supreme Court
only question that has to be seen is whether the plaint has to be struck
of on the ground of maintainability of suit ... learned counsel for the petitioner, the plaint
containing all these above facts has to be struck of.
9. In support of his contention, learned counsel
4489 of 2013 submitted that the plaint in O.S.No.207 of 2013 is liable to be struck off for the reason that ... Subramanian, learned counsel appearing for the respondents submitted that the plaint cannot be struck off since the alternative remedy is available to the petitioners
vires, the trial Court should have allowed the application and struck off the plaint from the file. Unless the provisions of Section 29A and Section ... stands allowed. Consequently, the plaint filed in O.S.No.97 of 2011 is struck off. The Civil Revision Petition is allowed. No costs. Consequently
