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
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
Court. The learned counsel
would further submit that the plaint cannot be struck off, since the above
civil revision is filed under Section ... 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
filed invoking Article 227 of the Constitution, the requirement to struck off the plaint is more than what is required to reject the plaint under ... plaintiff, this Court can pass appropriate orders to struck off the plaint under Article 227 of the Constitution. However, merely, based on the inordinate delay
Respondent : Mr.S.K.Mani
:JUDGMENT
This Revision Petition arises struck off the plaint in O.S.No.155 of
2018 pending on the file ... suit.
2.The above Civil Revision Petition is filed to struck off the plaint
in O.S.No.155 of 2018 pending on the file
defendants 1 and 2 have
filed the revision seeking to struck off the plaint.
14. I heard Mr.M.Ajmal Khan for M/s.Ajmal ... Constitution of India can be used to struck off the
plaint. In support, the learned Senior Counsel relied upon the following
decisions:
(i)The Member
Petition under Article 227 of the Constitution of India, to struck
off the plaint in O.S.No.724 of 2017 on the file ... 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
Procedure Code, to
the defendants to seek the prayer for struck off the plaint. Without
availing the said remedy, they approached this Court under Article ... However, the
petitioners are directed to file an application to struck off the plaint,
under Order 7 Rule 11 of the Civil Procedure Code before
plaint itself is barred by limitation and respondent has suppressed the material facts and plaint is liable to be struck off has considerable force ... strike off the plaint in O.S.No.191 of 2014. Therefore, plaint in O.S.No.191 of 2014 is struck
documents annexed to
the application for stay, more particularly the plaint. What struck us immediately
was the pleading in paragraph 19 of the plaint
