further
averred in the application that the plaintiffs by a clever
drafting of the plaint purported to file the present suit ... senior counsel
for the defendants is that the suit has been cleverly drafted
by the plaintiffs only with a view to overcome the period
exercise the powers under O. VII R. 11 and that if clever drafting has created the illusion of a cause of action ... declaration and injunction qua respondent Nos. 1 and 2 had by clever drafting, challenged the action of the respondent Nos. 3 and 4 taken under
keep the Banks and Financial Institutions at bay. If by clever drafting, the plaintiff creates an illusion of a cause of action, the Court ... find out if it is just a case of clever drafting, the Court has to read the plaint, not formally, but in a meaningful manner
also note at this stage that a clever drafting of the suit
cannot take away from the fact that the appellant/plaintiff even ... said provision
makes the intention of the legislature clear that by clever drafting, litigation
should not be unnecessarily multiplied and a party should
another angle. Although,
paragraph 19 of Suit No. 303/2000 was cleverly drafted to convey an
impression that the right to sue accrued
care to see that the ground mentioned therein is fulfilled. If clever drafting has created the illusion of a cause of action
brought by astute drafting of the plaint. Contending that if clever drafting has created illusion of the cause of action the suit
Harish Chander Malik vs Vivek Kumar Gupta & Others on 23 May, 2011
Author: G
care to see that the ground mentioned therein is fulfilled. If clever drafting has created the illusion of a cause of action
purpose of development,
however, it is settled law that by clever
drafting a party cannot be permitted to
come within different meaning of relief
claimed
