Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Eviction petition - Petition does not disclose any relationship of landlord and tenant - Petitioners not having consent of other co-sharers who claim that petitioners have no right in the petition premises - More so, in the absence of even a semblance of right to be entitled to rent, petitioners..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking out pleadings - Amendment of plaint - Written statement to the amended plaint - Plaintiff failed to show how the amended reply/written statement was inconsistent with the previous reply/written submission - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Pleadings which are scandalous and frivolous can be struck off but pleadings lacking in truth cannot be struck off as same are to be tested during trial...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Legal representative taking inconsistent pleas in written statement with that raised by deceased defendant - Such pleadings struck off - Rest of the pleadings not inconsistent with written statement, filed by deceased, allowed to be taken on record...........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5 -- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Court has inherent power to strike off defence, outside the provisions contained O.6.R.16 CPC...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Non-payment of maintenance amount by husband - No material produced by husband to prove that he paid the amount of maintenance and litigation expenses as per order passed by Family Court - Family Court thus, perfectly justified in passing an order to strike off defence of husband - However,..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Section 151 -- Striking out pleadings - In written no ground raised regarding striking of pleadings - Pleadings which are being objected have been framed as issues - Petitioners right to exclude the pleadings shall be adjudicated when issues are decided...........
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 can consider both the applications together or independent of each other - If Court considers application U.O.7.R.11 first then Court to consider plaint as a whole - In case Court considers..........
