Defendant No.3 for an order that the plaint be rejected and the suit be
struck off the records of the Court. The Defendant ... reason that the Applicant says that
the plaint should be rejected and struck off is because the plaint was
signed and verified by one Digamber
India to prevent abuse of process of Court
and therefore the plaint was struck off the file.
31. In the decision fourth cited supra
file of Sub Judge,
Pattukkottai and to struck off the plaint in O.S.No.6 of 2007 on the file of
Sub Judge, Pattukkottai ... been filed by the defendant to struck
off the plaint in O.S.No.6 of 2007 on the file of Sub Judge, Pattukottai
allowed vide order
dated 22.08.09, accordingly her name was strucked
off from the plaint.
3. Brief facts leading to file the present suit are that ... allowed vide order dated 22.08.09,
accordingly her name was strucked off from the
plaint.
II. It is also pertinent that during course of arguments
neither
allowing the
petitioner/defendant to file written statement to the amended plaint i.e the
petitioner/defendant was not allowed to file the amended written ... amendment to the plaint.
(ii). Both the arguments urged on behalf of the petitioner are
misconceived because in ordinary circumstances when plaint is amended
obviously
defendant in name only. The
action is not commenced with a plaint or a suit. An affidavit in
support of the caveat is not strictly ... other is a
distinct issue. Issues are struck on a reading of the contesting
pleadings, viz., the plaint and the written statement. In every
probate
will apply to both the situations.
Accordingly, the Supreme Court struck off the plaint in the suit for
specific performance.
16. Applying the aforesaid binding
Dcm Shriram Industries Ltd. vs Hb Stockholdings Ltd. And Ors. on 28 April, 2014
Author
deficit Court fee after 1 = years. Therefore, the plaint is liable to be struck off under Order 7 Rule ... ought not have numbered the suit and therefore, the plaint is liable to be struck off under Order 7 Rule
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
