...and detained in the civil prison. 4. It is to be noted that the main matter was related to striking off pleadings. This Court made observation to hand over warrant on a premise that...

...-petitioner for striking off pleadings from written statement of defendant No. 1.Prayer of plaintiff-petitioner for amendment of plaint was allowed by this Court vide order dated 04.01.2012...), the trial Court has rightly dismissed the application of the plaintiff-petitioner for striking out pleadings from written statement of defendant No. 1 to the amended plaint.For the...

...24.05.2008 the trial judge has while allowed application for amendment in the plaint and also an application under Order VI Rule 16 CPC for striking-off pleadings in the plaint...

...causing embarrassment to his adversary [vide Davy v. Garrett).28. Bare reading of Rule 16 of Order 6 makes it clear that the Court may order striking off pleadings in....7. Order VI Rule 16 CPC reads as under:-“16. Striking out pleadings.- The Court may at any stage of the proceedings order to be struck out or amended any matter in any...the rules of pleadings by making averments or raising arguable issues, the Court would not order striking out pleadings. The power to strike out pleadings is extraordinary in nature and must be...

...we reiteratingly clarify 5 that the lenitute granted herein is only qua the striking off pleadings of the first...issued in an application filed by the respondents herein to strike off the pleadings of the first petitioner, on the ground that he has not honoured the amounts ordered to be paid by him towards...Family Court has been very careful in directing the respondents to clear off the arrears of maintenance within a period fixed therein. Of course, this was ordered so taking into account the sums due to...

...S.C. Gupte, J.:— Heard learned Counsel for the parties.2. This application is made by Respondent No. 1 for striking off certain portions of the Petitioner's pleadings. The...of the Act. Anyway, this allegation cannot appropriately form the subject matter of application for striking off pleadings. There is nothing to indicate that any allegation sought to be struck off in...has been no liberty reserved by the Supreme Court so far as this allegation is concerned for applying for striking off the allegation. There is, thus, no merit in the application so far as this...

...Apex Court in Abdul Razak v. Mangesh Rajaram Wagle [2010 (2) SCC 432] to be followed while striking off pleadings. The...of the said case on merits instead of deciding it on default by striking off the pleadings of the respondent. When we say so, we are not forgetting the right of the petitioner to get the amount of...in O.P.No.691 of 2020 seeking to strike off the pleadings of the respondent on the ground that he did not make payment of the maintenance amount ordered in M.C.No.442 of 2018. I.A.No.2 of 2022 was...

...pleadings and, therefore, the said pleadings are liable to be struck off. The paragraphs in respect of which the relief of striking off whole/part of them is sought are reproduced hereinunder with the...affected eut to the breaches of the respondent pointed out by the petitioner hereinabove.”5. Reading of the pleadings in respect of which the Application is filed for striking off is in respect of the ...the petitioner Shri Vashi submitted that the pleadings in respect of which the relief of striking off is sought cannot be read in isolation, but have to be read as a whole. The learned counsel for the...

...the parties do not violate any statutory provision, they have the freedom to make appropriate averments and raise arguable issues. It was further held that since striking off pleadings has serious..., frivolous or vexatious or tend to prejudice, embarrass or delay the fair trial of the suit or the court is satisfied that suit is an abuse of the process of the court. Since striking off the pleadings has...court may order striking off of pleadings in the following circumstances: (a) where such pleading is unnecessary, scandalous, frivolous or vexatious; or (b) where such pleading tends to prejudice...

..., whereby their application moved under Order 6 Rule 16 read with Section 151 of the Code of Civil Procedure (for short CPC) for striking off pleadings of the plaintiffs, was dismissed...striking off certain part of pleadings of the plaintiffs from their amended plaint. While dismissing this application of the defendants, the learned trial Court considered each and every relevant...off the pleadings, which alleged to have been added by the plaintiff/respondent in addition to the scope of amendment application under Order 6 Rule 17 CPC, same is not...

.... For Petitioner : Mr.N.Manokaran O R D E R The defendant in O.S. No.116 of 2022 has come forward with this revision seeking an order striking off the ... C.R.P (PD) No.1440 of 2022 petitioner and this Court has also carefully gone through the grounds. Every ground of the allegation on the basis the revision petitioner seeks striking...Revision Petition filed under Article 227 of the Constitution of India, to strike off the suit in O.S. No.116 of 2022 on the file of the learned District Munsif Court, Ambattur...

...issues qua Order VI, Rule 16, read with Section 151, of the Code of Civil Procedure (C.P.C), apropos of the striking off pleadings of litigants, have been declared affirmatively by a learned bench...view fully, we remind ourselves that Order VI Rule 16 of the CPC permits the striking off the pleadings in the case of noticed abuse of the processes of law. The phrase "processes of law" is something.... The learned Bench interpretatively has held-to which we fully affirm-that: "1. Striking off the defence is a drastic action especially in...

...the respondents. The returned candidate, respondent No. 1, entered appearance and filed a petition raising certain preliminary objections. Another petition was filed by him for striking off some of the pleadings. On..., petition for striking off pleadings, and petition for amendment of the election petition were all taken up together for hearing as agreed by the learned counsel for the parties. 2. I.... 29. On consideration of the pleadings, which have survived the striking off exercise as a whole, I find that the facts stated in the petition are sufficient to bring out the ingredients of...

...Order 6 Rule 16 CPC and discountenanced the striking off the defence. Order 6 Rule 16 CPC reads as follows:“16. Striking out pleadings.—The Court may...suit or the court is satisfied that suit is an abuse of the process of the court. Since striking off the pleadings has serious adverse impact on the rights of the party concerned, the power to do so has...pleadings) constitute an abuse of process of court. Necessarily, the distinction between striking off defence under Order 6 Rule 16 and in exercise of the inherent power lies in...

...disclose a cause of action, I.A No. 3/2004 is one purporting to have been under Order VI Rule 17 of CPC for striking off the pleadings, I.A No. 4/2004 is also for striking...is taken up for consideration.9. The prayer in the application is for striking off the pleadings in Paragraphs 6, 8, 9 and 10 of the petition. The application is supported by an...provisions of the Act and therefore the application for striking off the pleadings.10. Before taking up the actual objection taken in the application and supported by the affidavit, it...

...substitution or addition of parties, striking off pleadings, constituted a ‘case decided’ within the meaning of sec. 115. A larger scope for admitting other interlocutory orders into the fold of sec. 115 has...Order 6 is a ‘separate and independent’ proceeding, in the same way as a proceeding for striking off a pleading or part there of under Rule 16 of the same Order. Neither proceeding is a trial...does not lie from an order granting or refusing amandment of pleadings because by such order there is no ‘case decided’ within the meaning of the section.2. In support of this objection...

...disclosing all these facts has filed the second divorce petition. So far as the prayer relating to striking off the pleadings contained in para 1 to 9, 11, 12 to 17, 32 and 33 of the divorce petition is...striking off the pleadings which may be unnecessary, scandalous, frivolous or vexatious, or which may tend to prejudice, embarrass or delay the fair trial of the suit, or which is otherwise an abuse of...off these pleadings.The plea which the counsel for petitioner is raising is not covered by any of the clauses of the Order 6 Rule 16 CPC which provides for...

...16 of Order 6 makes it clear that the Court may order striking off pleadings in the following circumstances:(a) where such pleading is unnecessary, scandalous, frivolous or...Civil Procedure, 1908, empowers the Court to strike out the pleadings. The said provision being relevant is reproduced herein below:“16. Striking out pleadings.—The Court may at any...offended the rules of pleadings by making averments or raising arguable issues, the Court would not order striking out pleadings. The power to strike out pleadings is extraordinary in nature and must be...

...Order VI Rule 16 for striking off pleadings made against these defendants. Before proceeding on the merits of this application, it is pertinent to give a brief description of the...misconceived, with a view to make them parties in this suit for vexatious purposes. The applicant/defendant also contends that all the pleadings made against defendants no. 1 to 4 and 6, also ought to be...struck off as being unnecessary, scandalous, frivolous, vexatious, prejudicial, embarrassing and an abuse of the process of this Court.6. The applicant/defendant contends that the...

...have delayed the proceedings for over two years by filing frivolous application for striking off the additional written statement which, as mentioned above, was taken on record in March 2004.16. Order 6 R..., frivolous or vexatious or tend to prejudice, embarrass or delay the fair trial of the suit or the court is satisfied that suit is an abuse of the process of the court. Since striking off the pleadings has...filed by Respondents 1 and 2 and granted their prayer for striking off the additional written statement filed by the appellants after their impleadment as legal representatives of Defendant 2, Abdul...