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Showing posts with label striking out pleading. Show all posts
Showing posts with label striking out pleading. Show all posts
Sunday, 19 January 2025

Whether the court can direct striking out of pleading if suit is partly not maintainable?

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We are afraid that this is a misreading of the Madras High Court judgment. It was only on the peculiar facts of that case that want of Secti...
Tuesday, 2 July 2019

Right to court to reject plaint Vs Right to court to strike off pleading

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 We do not deem it necessary to elaborate on all other arguments as we are inclined to accept the objection of the appellant(s) that the ...
Sunday, 10 February 2019

What are parameters for deciding application for rejection of plaint and application for striking off pleading?

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The rejection of plaint follows the procedure on admitting plaint or even before admitting the same, if the court on presentation of the p...
Sunday, 18 March 2018

Leading judgment on basic principles to be followed by court for striking off pleadings

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Order VI Rule 16 CPC which empowers the Court to strike out the pleadings reads thus: Striking out pleadings. - The Court may at any s...

When court should not strike off additional written statement of defendant?

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Therefore, when a defendant had raised a new plea, which is not covered in the original written statement or an inconsistent plea, against...
Thursday, 19 October 2017

Basic principles to be followed by court for striking out pleading

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 Before we examine the various questions that arise in this appeal, we think it profitable to examine the scheme of Order VI, Rule 16. 16...
Saturday, 1 February 2014

Supreme Court: Power to strike off pleading should be exercised with great care and circumspection

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Normally, a court cannot direct or dictate the parties as to what should be their pleading and how they should prepare their pleadings....