draftsmen whereby
the material facts are camouflaged in a cleverly drafted plaint and
illusionary cause of action is set out, cannot defeat the right ... that the ground mentioned therein
is fulfilled. And, if clever drafting has created the illusion
of a cause of action
discussed above, we are clearly of the opinion
that by clever drafting of the plaint the civil suit
which is hopelessly barred for seeking avoidance ... that the ground
mentioned therein is fulfilled. And, if
clever drafting has created the illusion
of a cause of action
Furthermore, he has submitted that there was
no question of any clever drafting in the present case,
and in any case, such aspect cannot ... Another reported in 1977 (4) SCC 467, which is
regarding clever drafting to show the cause of action.
The Court has also referred
submitted that it is
nothing but a piece of clever drafting by the plaintiff and as per the
settled legal position, the plaintiff cannot take ... advantage of such
clever drafting so as to avoid the action by the Court under Order
VII Rule 11 of the Code.
Page
paragraph 13 as regards cause of action, is
nothing but a clever drafting. It is further submitted that in view of
the mutation of entry ... bearing survey no.1130 at the
relevant point of time. By clever drafting the plaintiff has tried to
create an illusion of cause of action
discussed above, we are clearly of the opinion that by
clever drafting of the Plaint the civil suit which is
hopelessly barred for seeking avoidance ... Rule 11 to scrutinize the same and see
through the clever drafting.
45. If that is not done, the Courts would be acting
Rule 11 to scrutinize the same and see through the clever
drafting.
23. If that is not done, the Courts would be acting ... that the ground mentioned therein is fulfilled.
And, if clever drafting has created the illusion of a
cause of action
present case is a classic case, where the
plaintiffs by clever drafting of the plaint, attempted to
make out an illusory cause of action ... present suit
with the aforesaid prayers which is nothing but a clever
drafting to get out of the limitation. If partition deed dated
proceedings carried under
the Act, 1951. He would submit that by clever drafting, plaintiff
has challenged proceedings which are taken under the Act, 1951
Page ... execution of sale deeds. He would further
submit that under the clever drafting plaintiff tries to place suit
with jurisdiction of the Civil Court
documents after a period of 10 years. By such a
clever drafting and using the word "fraud", the
plaintiffs have tried to bring ... permitted to
bring the suits within the period of limitation by
clever drafting, which otherwise is barred by
limitation. At this stage, a recent decision
