Skip to main content

Striking out a matter from pleadings

By
The civil courts in Pakistan are empowered to strike out a matter from pleadings under the provisions of code of civil procedure, 1908. This provision is present in order VI rule 16 of Code of Civil Procedure 1908 which is reproduced below:-

"16. The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit."

In practice no court strikes out a matter from pleadings on its own motion. The aggrieved party has to file an application in this regard. The respondents have to file replies on such application accordingly. There are arguments afterwards and after hearing the parties, the judge can either accept the application or dismiss it.


For more, you can consult omara.khan789@gmail.com or call +923123450006
Labels:

Comments

Post a Comment

Popular posts from this blog

When an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non-prosecution, stand revived

By
PLJ 2018 Islamabad 276 Present :  Miangul Hassan Aurangzeb, J. M/s. PANTHER DEVELOPERS--Petitioner versus ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD and 2 others--Respondents W.P. No. 977 of 2018, decided on 10.4.2018. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Constitution of Pakistan, 1973, Art. 199--Execution of lease agreement--Default in payment of rent--Violation of terms and Conditions--Eviction Petition--Dismissed for non prosecution--Application for restoration--Allowed--Tentative order--Struck off right of defence--Eviction Petition allowed--Appeal was dismissed--Determination--Direction to--It is well settled that when a suit is dismissed for non-prosecution, and an application for restoration is filed, Court/Tribunal can, while said application is pending, pass interim orders--It is also well settled that when an application for restoration of suit is allowed, all interim orders passed prior to dismissal of suit for non...
Post a Comment
Read more

2013 S C M R 587

By
Rule that no limitation ran against a void order was not an inflexible rule --- Party could not sleep over to challenge a void order and it was bound to challenge the same within the stipulated/Prescribed time period of limitation from the date of knowledge before the proper forum in appropriate proceedings --- Appeal filed before the Appellate Tribunal was admittedly time-barred, and was rightly dismissed as being hit by limitation and no sufficient cause for condonation of delay was found --- High Court agreed with the order of Appellate Tribunal --- Supreme Court had affirmed concurrent findings recorded by fora below --- Review petition was dismissed in circumstances. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more

Divorce is not possible during pregnancy

By
A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce. The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce. Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For  more , you can consult omara.khan789@gmail.com or call +923123450006
Post a Comment
Read more