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    <title>2002 (11) TMI 814 - BOMBAY HIGH COURT</title>
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    <description>Order 1 Rule 10(2) CPC permits striking out improperly joined defendants, but the Court must decide such an application on the plaint allegations and not by a prima facie assessment that the claim is ultimately unsustainable. A plea that no cause of action is disclosed is serious and can succeed only in clear cases; allegations of suppression or other factual weaknesses may affect interim relief or trial merits, but they do not by themselves justify deletion of parties at this stage. On that basis, the request to delete defendants 5 to 8 was rejected and the Chamber Summons was dismissed.</description>
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    <pubDate>Wed, 20 Nov 2002 00:00:00 +0530</pubDate>
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      <description>Order 1 Rule 10(2) CPC permits striking out improperly joined defendants, but the Court must decide such an application on the plaint allegations and not by a prima facie assessment that the claim is ultimately unsustainable. A plea that no cause of action is disclosed is serious and can succeed only in clear cases; allegations of suppression or other factual weaknesses may affect interim relief or trial merits, but they do not by themselves justify deletion of parties at this stage. On that basis, the request to delete defendants 5 to 8 was rejected and the Chamber Summons was dismissed.</description>
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