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 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..........
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(a) -- Striking out pleadings - It has to be determined in the facts and circumstances of each case whether offending part of the pleadings, which is objected to, is unnecessary, scandalous, frivolous etc. or not...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Words like `traitor', `meanness', `ruled the roost', `dominance' and `grabbing mentality'- Order to be deleted by trial Court - Order upheld as the same are completely irrelevant, scandalous, frivolous and vexatious and the same relate to character which is not relevant in view of S.52 of Evidence..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Power of Court to strike out - Court can strike out any pleading at any stage of the proceedings when pleadings are considered by Court unnecessary, scandalous, frivolous or vexatious or where the Court is satisfied that the pleadings tend to prejudice, embarrass or delay the fair trial of the suit or which is..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Section 83 - Striking off pleadings - Applicability to Election Petition - The Court may order striking off pleadings in following circumstances - (i) Where such pleadings is unnecessary, scandalous, frivolous or vexatious, (ii) Where such pleadings tends to prejudice, embarrass or..........
Representation of the Peoples Act, 1951, Section 81 83, 85, Civil Procedure Code, 1908, Order 7, Rule 11 -- Election petition - Dismissal of petition for want of cause of action - Respondent filing detailed counter affidavit to election petition denying each one of allegations - No whisper in counter that allegation in election petition is vague or scandalous, unnecessary,..........
