AI Overview...
- Striking off of Plaint under Article 227 - Main points and insights:
- Courts have exercised their powers under Article 227 of the Constitution to strike off plaints primarily in cases of abuse of process or when the suit is barred by law (INDMAD00000027466, 02100155300).
- The courts emphasize that striking off a plaint is an extraordinary remedy, only applicable in rare and exceptional cases, such as clear abuse or statutory bar (INDMAD00000008033, 02100130491, INDMAD00000360290).
- The decision to strike off involves balancing the principles of justice and preventing misuse of judicial processes; mere claims or technical deficiencies are insufficient grounds unless they amount to abuse (INDMAD00000008033, 02100108476).
- In some instances, courts have allowed revision petitions under Article 227 to strike off plaints when the suit is deemed an abuse or when it is not maintainable in law (02100108476, 02100155300).
- Courts also consider procedural provisions like Order VII Rule 11 CPC, but generally, Article 227 provides a broader scope to prevent abuse of process (INDMAD00000027466, INDMAD00000360290).
- Analysis and Conclusion:
- The power under Article 227 of the Constitution is a supervisory and extraordinary jurisdiction that courts may invoke to strike off plaints only in exceptional circumstances, primarily to prevent abuse of process or when the suit is legally barred.
- Courts are cautious to ensure that this power is not misused to dismiss legitimate claims; thus, clear evidence of abuse or statutory bar is necessary.
- Each case depends on its facts, but the overarching principle remains that striking off under Article 227 is a measure of last resort to uphold justice and integrity of judicial proceedings.
Search Results for "Struck Off of Plaint Article 227"
2024 Supreme(Online)(MAD) 22444 • India - High Court of Madras
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
should not be struck off under Article 227 of the Constitution. ... should be struck off under Article 227 of the Constitution. ... Code of Civil Procedure, particularly Order II Rule 2 and Order XXIII Rule 4, concluding that the suit was not barred and that the plaint ... the plaint under Article 227 of the Constitution of India. ... Therefore, the plaint canno....
2024 Supreme(Online)(MAD) 14113 • India - High Court of Madras
Hon`ble Mr.Justice K.MURALI SHANKAR
Constitution - Civil Revision Petition - Article 227 - The court assessed the legality of striking off a plaint under Article ... Issues: Whether the suit filed by the plaintiff is an abuse of process and if the plaint should be struck off under Article ... Ratio Decidendi: The court emphasized that a plaint can only be struck off for clear abuse of process; mere claims of ille....
2013 0 Supreme(Mad) 3573 • India - Madras
S.TAMILVANAN
Final Decision: The court allowed the Civil Revision Petition and ordered the plaint to be struck off, invoking Article 227 ... Article 227 - Civil Revision - O.S.No.920 of 2012 - Summary striking off the plaint Fact of the Case: The respondent ... When a revision petition is filed invoking Article 227 of the Constitution, the requirement to struck off the #HL....
2025 Supreme(Online)(Mad) 67553 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Article 227 of the Article 227 of the Constitution of India .
2018 0 Supreme(Mad) 3335 • India - Madras
M.V.MURALIDARAN
227 of Constitution of India, plaint could be struck off, to meet ends of justice - Therefore, plaint in O.S. ... 227 of Constitution of India and struck off plaint to meet ends of justice – Petition Allowed. ... No. 155 of 2018 is liable to be struck off - It cannot be disputed that plaint could be struck off only in rarest of cases, when ... ....
2017 0 Supreme(Mad) 1057 • India - Madras
G.JAYACHANDRAN
Constitution - Article 227 – Civil Procedure Code - Order VII Rule 11 - Sale deeds - Land purchased - Executed ... but very pleadings found in the plaint itself renders suit not maintainable in law for want of cause of action – Appeal allowed. ... property but he is nowhere in the litigation not an inference from written statement of defendant or from application to reject plaint ... When a revision petition is filed invoking Article 227 of the Constitution, the requirement to #HL_STAR....
2017 0 Supreme(Mad) 3787 • India - Madras
V.M.VELUMANI
given by the petitioners contrary to the Electricity Board Rules - Held, Respondents 1 to 4 have not mentioned these facts in the plaint ... of justice and to prevent abuse of process of court, this revision has to be allowed and pass orders to struck off the plaint, invoking Article 227 of the Constitution. ... Considering all the materials on record, I hold that this is a fit case to exercise the extraordinary powers conferred on this Court under Article 2....
2025 Supreme(Online)(Mad) 33209 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MS. JUSTICE R. POORNIMA
Whether the plaint is liable to be struck off under Order 7 Rule 11 CPC or by exercise of powers under Article 227 of Constitution ... The plaint in O.S.No.21 of 2021 is struck off. No costs. ... The High Court under Article 227 may strike plaint only in exceptional cases if the suit is barred by statute. ... the Court for rejection of the plaint, the petitioner has no right to a....
2025 0 Supreme(Mad) 4575 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
(A) Constitution of India - Article 227 - Civil Revision Petition to strike off plaint as abuse of process of law - Previous decisions ... ... ... Result: Civil Revision Petition is allowed; plaint struck off. ... is struck off. ... avoid miscarriage of justice, this Court is empowered to strike off the plaint exercising power under Article 227 of Constitution....
2024 Supreme(Online)(MAD) 14112 • India - High Court of Madras
Hon`ble Mr.Justice K.MURALI SHANKAR
Issues: Whether the plaint challenging the Talaq notices should be struck off under Article 227 due to an alleged abuse of ... Article 227 - Civil Revision - Constitution of India - Article 227 - Summary of decisions regarding abuse of process of court ... defendant and seeking dismissal of the plaint. ... It is pertinent to note that when a defendant invokes Article 227 of the ....
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