LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Disclosure of Reasonable Cause of Action – Test to Be Applied

This reinforces Principle 567 defining “reasonable cause of action.” Test: Does statement of claim, considering only its allegations, show: some reasonable chance of success, some cause of action, or some question fit for judicial decision? Low threshold: “Some” chance—not strong or likely success, just some possibility. If statement of claim discloses any of these: it survives striking out, case proceeds to trial, and weakness doesn’t justify dismissal. “Weak and not likely to succeed” is irrelevant at striking out stage—these go to merits at trial, not pleading sufficiency. This serves: preventing premature dismissal of weak cases, allowing judicial determination of raised questions, and maintaining access to justice. The principle: weakness ≠ no reasonable cause. Weak cases: may disclose reasonable cause, deserve trial, and shouldn’t be struck out merely for weakness. “Question fit to be decided by judge” means: justiciable issue exists, court can properly determine it, and judicial resolution is appropriate. This prevents: judges from second-guessing case strength at pleading stage, striking out cases that might succeed despite weakness, and denying trials to cases raising legitimate (if weak) claims. Courts must: focus on whether cause of action exists (not its strength), allow weak cases to proceed, and reserve merit assessment for trial. Only if pleadings disclose NO reasonable cause should striking out occur.