LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Consideration Limited to Writ and Statement of Claim – Extrinsic Evidence Irrelevant
PRINCIPLE STATEMENT
When the court is urged to strike out or dismiss an action for which there is no reasonable cause, it means that no reasonable cause is disclosed upon the face of the pleadings; only the writ or summons and the statement of claim are considered; the rule will not apply where one has to go to extrinsic evidence to show that the pleading is bad.
RATIO DECIDENDI (SOURCE)
"When the court is urged to strike out or dismiss an action for which there is no reasonable cause, it means that no reasonable cause is disclosed upon the face of the pleadings. Only the writ or summons and the statement of claim are considered. Rule 4 of Order 22 will not apply where one has to go to extrinsic evidence to show that the pleading is bad."
EXPLANATION / SCOPE
Striking out for “no reasonable cause” is determined solely from pleadings themselves. What is considered: Writ/summons and statement of claim only—these are examined to determine if reasonable cause exists. What is NOT considered: Extrinsic evidence—cannot go beyond pleadings to prove pleading is bad. “Upon the face of the pleadings” means: apparent from pleading documents themselves, evident without external proof, and based on averments alone. “Extrinsic evidence” means: matters outside pleadings, affidavits, documents, or testimony—these cannot be used to defeat pleadings at striking out stage. This serves: maintaining distinction between pleading stage and trial, preventing premature determination on evidence, and confining striking out to clear pleading defects. The striking out procedure: tests legal sufficiency of pleadings, not evidentiary proof, and is determined on pleading face alone. If extrinsic evidence is needed to show pleading is bad: striking out is inappropriate, matter should go to trial, and evidence can be adduced then. This prevents: using striking out as substitute for trial, introducing evidence at pleading stage, and defeating cases that disclose reasonable cause on pleadings but might fail on evidence. Courts must: confine examination to pleadings themselves, assume pleaded facts are true, and strike out only when pleadings facially fail to disclose reasonable cause.