revision petitions would contend that the suit is outcome of the
clever drafting so as to cover up of the time barred rights ... imaginary and the suit relief is barred by limitation. By a clever drafting,
the plaint is made to suit the convenience so as to give
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
contents of the plaint and it
was submitted that clever drafting would not bring the suit within limitation.
Learned Senior Counsel submitted that under ... permitted to bring suits within the period of limitation by clever
drafting which otherwise are barred by limitation. There is absolutely no
dispute
barred by
law, the plaint is liable to be rejected. Clever drafting of the plaint to
create an illusive cause of action should ... respect of suit schedule property
as not binding on them. This clever drafting of the plaint indicates that
17
in order to create an illusive
that the ground mentioned therein is fulfilled. And, if
clever drafting has 8 (2005) 10 SCC 51 created the
illusion of a cause of action ... action and barred by limitation
and it is a clever case of clever drafting. Relevant paras of aforesaid
judgment read as under:
::: Downloaded
cause of action can
accrue against the petitioner. The plaintiff by clever drafting had created
illusory cause of action and by camouflaging events ... vicious and vexatious, which is abuse of process of Court. By
clever drafting and camouflaging the plaintiff had conveniently avoided
mentioning the dates to create
reliefs prayed in the
suit are nothing but a case of clever drafting of the plaint and are
inserted with the sole object of overcoming ... Plaintiffs have cleverly omitted the relief for restitution of possession
of the suit property. This is thus a clear case of clever drafting with
Others : (2005) 5 SCC 548. By the device of clever drafting of the
plaint the question of limitation was sought to be got over ... view to get out of Order 7 Rule 11 CPC .
Clever drafting creating illusions of cause of action are not
permitted
trial Court ought to have appreciated the fact that by
mere clever drafting, the plaintiff cannot bring the suit within the
period of limitation ... counsel appearing on
behalf of the appellantoriginal defendant that if clever drafting
has created the illusion of a cause of action, as observed
submitted that the allegations of ‘fraud’ are nothing but
a clever drafting only with a view to bring the suit
maintainable before the civil court ... pleaded with respect to the ‘fraud’. It appears that by a clever
drafting and using the words ‘fraud’/’fraudulent’ without any
specific particulars with respect
