...would be entitled to get a decree or not based on said alleged scandalous pleadings. It has also rightly held whether the allegations which according to 4 defendant is scandalous or vexatious is...No. 150/2012 filed an application under Order 6 Rule 16 (I.A No. 11) praying for striking of the pleadings at paragraphs 8 and 9 of the plaint on the ground it contains...scandalous allegations against 4 defendant. Said application came to be resisted by plaintiff by filing objections and Trial Court has rightly held that reading of Order 6 Rule 2...

...respondent/plaintiff has made several unnecessary, vexatious and scandalous pleadings defaming the petitioners/defendants hence, the same deserve to be struck out, but Court below without considering the...submissions made by learned counsel for the petitioners and upon perusal of pleadings made in the plait and written statement, I am of the considered opinion that although some tough allegations have...

...Mad Cr C 78 and M.G. Kadir v. Kesri Naraub ILR (1945) All 7. The responsibility of a legal adviser for scandalous pleadings is no new rule. See the decision off the House of...

...the process of the Court." The above provision empowers the Court to strike off any matter in the pleadings which is unnecessary, scandalous, frivolous and...part of the Court to strike off the same. The scandalous and frivolous statements should be distinguished from false statement made in the pleadings. It might be false for the respondent to claim...scandalous pleadings and that should be struck off by invoking https://www.mhc.tn 5 .g /1 ov 0 .in/judis 5 Order 6 Rule 16...

...pleadings in the Suit mentioned above stating therein as under: "That the above quoted pleadings are unnecessary scandalous, frivolous and vexatious in.../ expunging the scandalous pleadings. 13. The allegations against the petitioners as narrated in the criminal complaint filed under Section 200 Cr.P.C. are as under...the scandalous pleadings in the suit mentioned above, to which the petitioner filed reply stating that if any information provided by them turns out to be false, they undertake to tender unconditional...

...settled. The Court may at any stage of the proceedings strike off pleadings under Order 6 Rule 16, C.P.C which are unnecessary, scandalous, frivolous or vexatious or which....8. The petitioner has relied upon a number of decided cases, most of which are not relevant and are not being cited in this order. The law relating to striking of pleadings is fairly well...Ramji Pandey v. Vikramaditya . AIR 1997 All. 92., this Court considered the law relating to striking out vague, general and ...

...was different from the one under Order 7 Rule 11. Order 6 Rule 16 was to strike out those pleadings which were unnecessary, scandalous, frivolous or vexatious. As against that, Order 7 Rule 11 dealt...Order 6 Rule 16 CPC for striking off unnecessary or scandalous pleadings. In support of his submission that the scope of the two provisions was different, he relied upon para 18 of the judgment of...pleadings’. It has three clauses permitting the court at any stage of the proceeding to strike out or amend any matter in any pleading i.e (a) which may be unnecessary, scandalous, frivolous or...

...50634/2016 under Order VI Rule 16 of the CPC, for striking down of vexatious and scandalous pleadings. He has specifically drawn my attention to the following passages from the order dated...6thJanuary 2015, whereby the learned SCJ dismissed the said application. "Order 6 Rule 16 CPC permits striking down of vexatious and scandalous pleadings. Plaintiff...was filed by the respondents to the aforesaid written statement of the appellant and, thereby, pleadings in the suit were completed. 6. In the criminal proceedings...

...OnLine All 228. 9. These submissions have been stoutly repelled by the learned counsel for the plaintiff pointing out that scandalous pleadings can be...abuse of the process of the court. Nothing prevented the plaintiff to have sought the striking out of such of the pleadings as was felt by him to be scandalous, frivolous, vexatious or prejudicial or an...reputation, he made unacceptable, deliberately CS(OS) 649/2021 Page 3 of 15 demeaning, derogatory, false, wrong and scandalous allegations in the plaint, knowing fully well that the plaint would also...

...Kadir v. Kesri Narain’, ILR (1945) All 7. The responsibility of a legal adviser for scandalous pleadings is no new rule. See the decision of the House of Lords in Hamilton v...

...account of the irresponsible and scandalous allegations levelled by him in his pleadings. The petitioner shall respond to the show cause notice in writing within one week.4. Mr. Mathews J..., petitioner in person appearing in Writ Petition(C) No. 14/2015 made his submissions till 11.20 a.m.3. Having considered the pleadings contained in Writ Petition(C) No. 14 of 2015, we...

...Indra Pal Singh.34. The conduct of Sri Asok Pande in filing and drafting reckless petitions containing scandalous pleadings and being motivated by personal agenda to....13. Before we proceed to examine the rival contentions and submissions, it would be appropriate to scan through the pleadings.14. The petitioner admittedly is a..., who is a sitting Judge of the High Court, is a scandalous attempt to lower the dignity of the Court.9. That it appears that this ‘Harkat’ to hurt the sentiments of Hindus...

...expressions Used in a pending proceeding coupled with a threat that action will be taken if the words or expressions used are not withdrawn, then if the words or expressions were scandalous, unnecessary or...irrelevant, such a threat does not amount to interference with the administration of justice, on the obvious ground that the Civil Procedure Code makes ample provisions for striking off scandalous...pleadings.14. This Division Bench authority in AIR 1952 All 674 is a direct authority against the contention now put forward by the petitioners. In that case the accused in a criminal...

.... Relying on Mulla's commentary on Order 6 Rule 16 CPC wherein with regard to scandalous pleadings, it is provided: Every Court has an inherent power...submits that the Page 2766 application, note and the annexures thereto contain scandalous and defamatory imputations against persons, who are not party to the proceedings. He submits that the contents...of the application and note are in derogation of the law of pleadings, giving a go-by to precision and moderation. He submits that the complaint made by the applicant against his political opponent and...

...unnecessary and scandalous pleadings may be in a civil suit. Such a course of action should ordinarily not be followed since the Court allows limited time at such initial stage and the object of the exercise...aspects and other counts of challenge excluded at the initial stage, unless the grounds excluded are scandalous or ex facie impermissible and are directed to be struck out, just as completely....” 10. The opinion expressed that notice may be issued on limited grounds upon certain other grounds being rejected, is unexceptionable. Indeed, sometimes scandalous grounds are raised which ought...

...obvious ground that the Civil Procedure Code makes ample provisions for striking off scandalous pleadings. AIR...of the trial Court, it is necessary to narrate the pleadings pleaded by the parties. 6. As per the averments made in the plaint, the brief case of the plaintiff, is as...defendants are not liable to pay any damages and prays to dismiss the appeal. 8. Basing on the above pleadings, the trial Court settled the following issues for trial...

...obvious ground that the Civil Procedure Code makes ample provisions for striking off scandalous pleadings. AIR...of the trial Court, it is necessary to narrate the pleadings pleaded by the parties. 6. As per the averments made in the plaint, the brief case of the plaintiff, is as...defendants are not liable to pay any damages and prays to dismiss the appeal. 8. Basing on the above pleadings, the trial Court settled the following issues for trial...

...submits that no application for drawing contempt proceedings against the applicant has been filed, but submits that the Court suo moto take notice of the scandalous pleadings. 6...allegations taken on face value are scandalous and contemptuous. It is submitted that contempt proceedings be initiated against the applicant. 5. On specific query, learned counsel...

...strike out any pleading at any stage of the proceedings can be exercised in either of the three eventualities i.e where the pleadings are considered by the court unnecessary, scandalous, frivolous or...provision, they have the freedom to make appropriate averments and raise arguable issues. The court can strike off the pleadings only if it is satisfied that the same are unnecessary, scandalous...Respondents 1 and 2, who did not even seek leave of the court to file further pleadings in the light of the additional written statement. Although, the parties have not furnished details of the...

...No. 1 and thus cannot be said to be scandalous, malicious, false, fabricated or irrelevant so as to direct expunging the same from the pleadings.5. I have heard learned counsel for the...pleadings in the following circumstances;(a) Where such pleading is unnecessary, scandalous, frivolous or vexatious; or(b) Where such pleading tends to prejudice, embarrass.... Permitting such allegations to be retained on the record would not only embarrass the fair trial of the proceeding but would also amount to permitting scandalous facts in the pleadings indirectly which...