Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out defence, attachment of movable and..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that defendants wanted to linger on the..........
Civil Procedure Code, 1908, Section 151 -- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking off plaint or rejection of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - In addition to parameters provided in O.7.R.11 CPC, Court may also have to examine as to whether rejection of counter-claim would have the effect of striking off the defence or rendering defendant defenceless...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Object - Every party to suit should state in its pleadings material facts in intelligible form without causing embarrassment to its adversant - Thus, power to strike out pleadings is extraordinary in nature and must be exercised by Court with extreme care, caution and circumspection...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Can be ordered only if they are shown to be unnecessary, scandalous, frivolous or vexatious or abuse of process of law or if they amount to re-litigation or tend to embarrass defendants in trial of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off preliminary submissions in the replication - Replication contains averments and evidence in support of original cause of action as mentioned in the plaint and it is answer to the defendant's plea in the written statement - Plaintiff in its replication has neither made out a new case nor a fresh cause of action or..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 151 -- Maintenance pendente lite - Non-payment - Enforcement of order directing maintenance pendente lite - Court can exercise powers u/s 151 CPC to ensure and see that orders passed by Court u/s 24 of H.M. Act are given effect to and compiled with, when there is no specific, effective and speedy..........
Civil Procedure Code, 1908, Order 11, Rule 21, 12 -- Non compliance of order passed U.O.11.R.12 - Does not entail dismissal of plaintiff's suit or striking out defendant's defence...........
