Search Results Page

Search Results

1 - 9 of 9 (0.24 seconds)

K.K. Modi vs K.N. Modi & Ors on 4 February, 1998

15 See K.K. Modi v. K.N. Modi & Others, (1998) 3 SCC 573 Para 42- “Under Order 6 Rule 16, the court may, at any stage of the proceeding, order to be struck out, inter alia, any matter in any pleading which is otherwise an abuse of the process of the court. Mulla in his treatise on the Code of Civil Procedure, (15th Edn., Vol. II, p. 1179, note 7) has stated that power under clause (c) of Order 6 Rule 16 of the Code is confined to cases where the abuse of the process of the court is manifest from the pleadings; and that this power is unlike the power under Section 151 whereunder courts have inherent power to strike out pleadings or to stay or dismiss proceedings which are an abuse of their process. In the present case the High Court has held the suit to be an abuse of the process of the court on the basis of what is stated in the plaint.” Para 43- “The Supreme Court Practice 1995 published by Sweet & Maxwell in paragraphs 18/19/33 (p. 344) explains the phrase “abuse of the process of the court” thus:
Supreme Court of India Cites 14 - Cited by 573 - S V Manohar - Full Document
1