Introduction

[1] The provision in O 18 r 19(1) of the Rules of Court 2012 empowers the courts to order an action to be stayed or dismissed or judgment to be entered accordingly, as the case may be. This noteworthy provision can be relied on by either party in a civil action to have an action or defence struck out based on a number of established grounds. In the United States, when a defendant successfully invokes this similar procedure of striking out, it is said that a defendant has succeeded in obtaining summary judgment against the plaintiff.

[2] In view of the fact that the striking out of any writ or pleading may have the drastic effect o