JUDGMENT - V.V. VAZE, J.:---'To no man we shall deny justice', promised King John at Runnymede, beside the River Thames, on 14th June, 1215 which promise along with others became the great Chapter of English liberty. The spacious promise drafted in general terms opened the doors of the English Court to each and every person but like all over-inclusive promises, this one from the Monarch could flood the courts with frivolous and vexatious claims resulting in the abuse of the process of Court. To stem such a possible tide, the courts of Record assumed to themselves certain powers to block at the early stages plaints which if allowed to proceed to trial would result in abuse of the process of the Court which power was continued by Article 215 of the Constitution as respects High Court. It is one such exercise of the power to order a plaint to be struck out that forms the subject matter of this appeal.

2. Munchershaw Pherozeshaw Mistri was one of the Settlers as well as a Trustee of a Deed of Settlement dated 17th March, 1951. His son Bomi Munchershaw Mistry-the plaintiff-appellant claims to be the beneficiary and a reversioner in reminder of a moiety share of the corpus of the trust an

Click Here to Read the rest of this document