learned single Judge was not right in striking out the plaint under Order 6, Rule 16 of the Code of Civil Procedure .
42. Under Order ... process of the Court.
31. Before the pleadings in the plaint are struck down, the conditions precedent that it has to be proved scurrilous, insinuating
Yum! Restaurants Marketing Pvt. Ltd., ... vs Ito, Ward- 27(4), New Delhi on 9 September
name of the defendant No. 2 be struck out and deleted from the cause list of the plaint.
8. In the Marine Containers case
under Order 7 Rule 11 of CPC providing for rejection of the plaint or petition for not disclosing cause of action, the courts must ... courts have been very reluctant to reject the plaint at the threshold. The petition could be struck out only if the case put forward
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 ... possible to
strike out the plaint on the ground of issue estoppel, the action can be struck out
as an abuse of the process
contain a specific or
implicit denial of the averments contained in the plaint or other
document to which it is a reply. Rule ... statement the
court is bound to accept the statements contained in the plaint and
Akshay RP/15/2023 Page 12 of 19
pass a decree
supra, it is the duty of the
plaintiff while filing the plaint to furnish the registered addresses
of each of the defendants for purpose ... stay the suit and where the address by
the defendants, to struck off his defence as it he did not put forth
his defence
strike out the existing parties and also add additional parties in a plaint wherein it has been provided as under:-
(2) Court may strike ... name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have
Binod Kumar Agarwal And Ors. vs Ringtong Tea Company Private Ltd. And ... on 26 July
Sarvaraya Textiles Ltd. vs Deputy Commissioner Of Income-Tax. on 17 November, 1994
Equivalent citations
