...to striking out pleadings. In Dhartipakar Madan Lal Agarwal v. Rajiv Gandhi 1987 Supp SCC 93...written statement and points out the defects. If the Court on examination of the plaint or the election petition finds that it does not disclose any cause of action it would be justified in striking out the ...wait for the filing of the written statement, instead it can proceed to hear the preliminary objections and strike out the pleadings. If after striking out the pleadings the Court finds that no...

...would apply. Order 6 Rule 16 states as follows:“16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any...in respect of only certain items of property and not in respect of others. Despite this, it was held that since the plaint as a whole should have been rejected, the baby was thrown out with the...all, and the suit as a whole must then proceed to trial.9. If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order 6 Rule 16 CPC...

...minor abuses of the process of the court may be suitably dealt with as between the parties, by striking out pleadings under the provisions of Order 6 Rule 16 or in some other manner. But, on the other...on proceedings which are wanting in bona fides or which are frivolous, vexatious, or oppressive. In such cases the court has extensive alternative powers to prevent an abuse of its process by striking...out or staying proceedings or by prohibiting the taking of further proceedings without leave. Where the court, by exercising its statutory powers, its powers under rules of court, or its inherent...

...does not justify rejection of any particular portion of the plaint. Order 6 Rule 16 of the Code is relevant in this regard. It deals with “striking out pleadings”. It has three clauses permitting the...has been statutorily provided in Section 80 of the Act. With reference to the judgment of the High Court it was pointed out that the plaintiffs had not approached the Court with clean hands. They had...adopted dubious methods and did not comply with the directions of the High Court for depositing the stipulated amount. By a ruse, some reliefs have been sought for in the plaint totally out of context...

....16. Order 6 Rule 16 CPC which empowers the court to strike out the pleadings reads thus:“16. Striking out pleadings.—The court may at any ...Respondents 1 and 2 have not been able to make out a case for striking off the additional written statement.11. Respondents 1 and 2 challenged the order of the trial court in...for striking out the additional written statement after a long time gap of three years and six months without explaining as to why they did not object to the taking on record of the additional...

...filed IA Nos. 4 and 5 for striking out pleadings and to frame additional issue and they have been rejected and the interim order has been vacated. Therefore, these writ petitions.5...shall co-operate for disposal of the suit within two months. Thereafter, the petitioner has filed applications for striking out pleadings and to frame additional issue. They have been rejected. The...on I.A No. 5 cannot be sustained in law. Further, he submitted that having regard to the nature of the pleadings, the Trial Court ought to have framed additional issue. He also submitted that the...

...forming subject-matter of Issues 2, 3, 4 and 5 were liable to be struck out from pleadings. Accordingly, an order was passed on 27-2-2004 striking out pleadings. In Civil Appeal No. 4093 of 2004, the...law in striking out pleadings in Paras 12, 13(a), 11 and 17. He submitted that material facts and particulars had been stated in the election petition in the said paras. Pleadings were express and...-capturing which is an offence punishable under Section 135-A of the Act.26. Now it is true that the Act does not make any provision as to striking out pleadings. Section...

...I.A No. 6659/2012 (by Defendant Nos. 1 & 3 u/Order VI Rule 16 r/w Section 151 CPC)1. By this application the Defendant Nos. 1 and 3 seek striking out the defamatory and irrelevant pleadings from....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...

...struck out of the pleadings. Order VI Rule 16 of the Code of Civil Procedure reads as follows:- "Striking out pleadings The Court may at any stage of the proceedings order to...be struck out or amended any matter in any pleading (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, embarrass or delay the fair trail of the suit..., or (c) which is otherwise an abuse of the process of the Court." Thus from the plain reading of the statute, it is apparent that the pleadings may be struck only on the aforesaid three grounds...

...Procedure speaks of striking out 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...the defendant petitioner under Order VI Rule 16 of the Code of Civil Procedure to strike out para 10 of the plaint has been rejected.3. The plaintiff...

.... Pleading.- “Pleading” shall mean plaint or written statement.”“16. Striking out pleadings.- The Court may at any stage of the proceedings order to be struck out or amended any matter in...abuse of process of the Court, Court can strike out the pleadings.9. In my view, the court below has taken plausible view in relation to striking out the pleadings in relating to survey...striking mentioning of survey No. 1179 from clause 12-b of the plaint. The court below allowed the said application.3. In the petition, it is urged that the said clause 12-b is the relief...

...:“16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading...the Election Commission issued the necessary instructions as to the change of symbols under para 18 of the Symbols Order. It was contended that the High Court was therefore justified in striking out...material facts sufficient to give rise to a cause of action under Section 100(1)(d)(iv) of the Act.20. The order passed by the High Court directing the striking out of...

...act in exercise of the powers of the Code including Order 6 Rule 16 and Order 7 Rule 11(a) of the Code. These provisions are set out as under:“16. Striking out pleadings.—The.... This Court has repeatedly stressed the importance of pleadings in an election petition and pointed out the difference between ‘material facts’ and ‘material particulars’. While the failure to plead...mandate from the electorates securing 10,705 votes out of total 19,657 votes polled whereas, his nearest rival (Respondent 2 in the election petition) set up by Bharatiya Janata Party secured only 3782...

...lengthy pleadings. Provisions of Order VI Rule 16 CPC provides striking out the pleadings. Order VI Rule 16 CPC is reproduced as under...: "Order VI Rule 16 CPC: Striking out pleadings: The Court may at any stage of the proceedings ord... Order 6 Rule 16. "16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any...

.... Provisions of Order VI Rule 16 CPC provides striking out the pleadings. Order VI Rule 16 CPC is reproduced as under: "Order VI Rule 16 CPC...: Striking out pleadings: The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading...examine the scheme of Order 6 Rule 16. "16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or...

...lengthy pleadings. Provisions of Order VI Rule 16 CPC provides striking out the pleadings. Order VI Rule 16 CPC is reproduced as under...: "Order VI Rule 16 CPC: Striking out pleadings: The Court may at any stage of the proceedings ord... Order 6 Rule 16. "16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any...

...allowed EA No. 329 of 2015 filed by Respondent 1 for striking out the pleadings in Paras 2 and 9 to 11 of the election petition being frivolous and vexatious and not containing material facts and cause...hand, the application for striking out pleadings in terms of Order 6 Rule 16 may be resorted to by the defendant(s)/respondent(s) at any stage of the proceedings, as is predicated in the said provision...striking out the pleadings before consideration of the application under Order 7 Rule 11 for rejection of the plaint, on allowing the former application after striking out the relevant pleadings t...

...case. These two provisions read 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...commencement of trial.”25. Order 6 Rule 16 CPC has been substituted by the CPC (Amendment) Act, 1976. This provision deals with the amendment or striking out of the pleadings, which...a party desires to be made in his opponent's pleadings. In other words, the plaintiff or the defendant may ask the court for striking out the pleadings of his opponent on the ground that...

...), 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...-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...

...in the plaint. 6.Order 6 Rules 16 of CPC reads as follows: "16. Striking out pleadings - Court... (c) which is otherwise an abuse of the process of Court." 7.Order 6 Rule 16 deals with striking out pleadings. However...) & (c) of CPC r/w. Section 151 of CPC, to strike out the 22ndschedule of the property and delete their names from the array 2/8...