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
fraud averred in the plaint are illusionary,
averred through clever drafting and therefore, the plaint is liable to
be struck down. It is his further ... clever drafting of the plaint has
created an illusion of a cause of action, the plaint requires to be
struck off.
10. There
with the plea of res
judicata or the statement or plaint may be struck
out on the ground that the action is frivolous and
vexation ... clear abuse of process of
law, which requires the plaint to be struck off.
20.In the aforesaid decision, reported
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
Section 151 of the Code of Civil Procedure to have the plaint struck off and
to direct the respondent to pay compensate cost as contemplated ... process of law.
22.Ultimately, the learned Judge has struck off the plaint with the
following observations.
25........ On a reading of the plaint
power under Article 227 of the
Constitution of India and to struck off plaint, this Court
should come to a conclusion, that the suit ... also got
relevancy.
51. It cannot be disputed that plaint could be
struck off only in the rarest of cases, when there is clear
abuse
filed under Article 227 of the
Constitution of India to struck of the plaint in O.S.No.183 of 2017 on
the file ... learned counsel appearing for the
petitioners prays this Court to struck off the plaint filed by the
respondent
amounts to abuse of process of
law by which the Plaint deserves to be struck off. The learned
counsel for the revision petitioners would rely ... time of the Court and accordingly, court can
reject the plaint, if allegations in plaint reveals an
abuse of process of law.
31.In Seeni
deemed to be only illusionary and therefore, the
plaint is liable to be struck down. It was also held
therein that ... clever drafting of the plaint has
created an illusion of a cause of action, the plaint
requires to be struck off.
10. There
India with regard to the rejection of the plaint at
the initial stage. In India, plaint can only be rejected, inter
alia, if it discloses ... 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
