power under
Order VII Rule 11 CPC . The plaint is cleverly drafted creating
illusion of cause of action and limitation and therefore, it is
required ... that the ground
mentioned therein is fulfilled. And, if clever drafting
has created the illusion of a cause of action
circumvent Articles 58 and 59 of the Limitation Act by employing clever
drafting by avoiding mentioning those circumstances by which the suit was
barred ... that the ground mentioned therein is
fulfilled. And, if clever drafting has created the
illusion of a cause of action
power
under Order VII Rule 11 of CPC and if a clever
drafting has created the illusion of a cause of action,
the suit should ... issued legal notice on 25.04.2019. It is a cleverly drafted
plaint.
19. In view of the aforesaid rival contentions, it is apposite
to refer
facts go to show that the plaintiffs have
got the plaint cleverly drafted, thereby creating an illusion of cause of
action, which is impermissible ... Order VII Rule 11 C.P.C . Clever
drafting creating illusions of cause of action are not permitted
in law and a clear right
that the ground mentioned therein
is fulfilled. And, if clever drafting has created the illusion of a
cause of action ... Debt Recovery Appellate
Tribunal , this Court held that law cannot permit clever drafting which
creates illusions of a cause of action. What is required
that
the suit was barred by limitation. The plaint was cleverly drafted seeking a
2
Dr.GRR,J
CRP No.2096 of 2021
relief that ... limitation. For filing the suit seeking the said
relief by clever drafting, the plaintiffs contended that they came to know
about the documents only
trial
court ought to have appreciated the fact that by
mere clever drafting, the plaintiff cannot bring the
suit within the period of limitation ... defendant that if clever drafting has created the
illusion of a cause of action, as observed by this
Court in a catena of decisions
exercising the power under VII Rule 11 of CPC and if clever drafting of plaint
creates an illusory cause of action, the same shall ... under Order VII Rule 11 of CPC can be exercised. If
clever drafting of the plaint has created the illusion of a cause
of action
cancellation of both the registered
documents has expired and by employing clever drafting respondent Nos.1
and 2 have filed suit for perpetual injunction ... Rule 11 of CPC . The aforementioned case is primarily about clever
drafting being employed to create an illusion of cause of action, in the wake
that the ground mentioned therein is fulfilled.
And, if clever drafting has created the illusion of a
cause of action ... care to see that the ground
mentioned therein is fulfilled. If clever drafting
has created the illusion of a cause of action