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
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
stage
in the year 2014. It is also contended that by clever
drafting the plaintiffs are seeking to overcome the
23
question of limitation ... make-believe cause of action has
been made out by clever drafting in the plaint is a
matter that requires to be examined with much
PRASAD AND OTHERS1(Surya
Developers case) has held that a mere clever drafting
would not permit the plaintiff to make the suit
maintainable, which otherwise ... made
by the Trial Court that the plaintiff has made a clever
drafting by seeking a relief to declare compromise decree
is not binding
shown. It is contended that the said Deed of
Reconstitution is cleverly drafted and nowhere in the
said deed was it specifically mentioned ... cannot claim reliefs sought in the
plaint. Therefore, the plaint is cleverly drafted in order to
avoid the Court fee and limitation.
10. They contended
conclusion that under the
given circumstances, after dissecting the vices of
clever drafting creating an illusion of cause of
action, the suit is hopelessly barred ... that the ground
mentioned therein is fulfilled. And, if clever,
drafting has created the illusion of a cause of
action
action mentioned in the plaint was illusory and
was result of clever drafting. He contended that the sale
deed dated 19.01.2006 cannot be upset ... convenience; (iii) that
the plaint was a result of clever drafting, the learned
Senior counsel fairly did not press the aforesaid points.
16. Per contra
plaint does not disclose real
cause of action and the clever drafting has created
something purely illusory cause of action. Affidavit
accompanying the application would ... cause of
action mentioned is illusory and is the result of clever
drafting. As there is no real cause of action, the suit
requires
plaint does not disclose real
cause of action and the clever drafting has created
something purely illusory cause of action. Affidavit
accompanying the application would ... cause of
action mentioned is illusory and is the result of clever
drafting. As there is no real cause of action, the suit
requires
compromise decree, as
not binding, without challenging the decree. The clever
drafting of 'not binding' is not maintainable. Further
submits ... catena of decisions right
from 1977 that a mere clever drafting would not permit
the plaintiff to make the suit maintainable which
otherwise would
