Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still..........
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...........
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..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of a part of the plaint - O.6.R.16 CPC does not apply when there is no plea or averment to the effect that, as against the Directors, pleadings should be struck out on the ground that they are unnecessary, scandalous, frivolous, vexatious or that they may otherwise tend to prejudice, embarrass or delay the fair..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Pleadings can be struck off in three situations : (a) when pleadings are considered as unnecessary or scandalous or frivolous or vexatious (b) if Court feels that pleadings may tend to prejudice or delay the fair trial of suit or (c) if the pleadings are otherwise an abuse of the process of Court...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Plea that suit is not maintainable in view of some provisions of law - Rival contentions of parties have to be established by producing oral and documentary evidence - Application rejected...........
