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
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
that the ground
mentioned therein is fulfilled. And, if clever drafting has created the
illusion of a cause of action ... Debt Recovery Appellate Tribunal21 this Court
held that law cannot permit clever drafting which creates illusions of a cause of
action. What is required
omission on part of the
plaintiff is nothing but demonstrates the clever drafting intended
solely to harass the respondents. In the present case, according ... Rule 11 of the Code, 1908, more
particularly, noticing that if clever drafting of the plaint has created
the illusion of a cause of action
OnLine SC 764) wherein
it has been held that clever Drafting cannot aid a
Plaintiff when there is no cause of action;
iv. Kantibhai Ghelabhai ... been held that
registered deed would constitute deemed knowledge
and clever drafting cannot be used to circumvent
such a bar to the suit.
vi. Heirs
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
Dhulaji Somaji Thakor vs Gordhanbhai Hathibhai Patel on 10 June, 2025
NEUTRAL CITATION
C/CRA
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
care to see that the
ground mentioned therein is fulfilled. If clever drafting has
created the illusion of a cause of action ... fact remains that Plaintiff has purposely and by way
of clever drafting not narrated the date on which the possession of
the suit property