Plaint can be rejected on the ground of incomplete cause of action
The averments in the plaint nowhere disclose as to how
and in what manner the action of the applicant/defendant in
issuing the notice under Section 260 of the said Act is null and
void. The material facts showing as to how the action impugned
is in breach or contrary to any specific statutory provisions of the
said Act, are absent. It is not stated anywhere in the plaint as to
how the action proposed to be taken is not in good faith. The
averment that the notice issued under Section 260 of the said Act
is without granting any opportunity of hearing to the
nonapplicant/plaintiff is futile and illusory, for the reason that
the notice itself provides the nonapplicant/plaintiff an
opportunity to furnish an explanation in respect of an
unauthorized construction. Perusal/reading of the notice also
makes the averment that the notice is absolutely vague, as futile
and illusory. The plaint averments nowhere disclose as to how
the proposed demolition is without following due procedure of
law. The averments in the plaint fail to disclose the material facts
as to how the conduct of the applicant/defendant is mala fide,
highhanded or disclose colourable exercise of power. The entire
reading of plaint as a whole makes it absolutely clear that the
material facts i
https://www.lawweb.in/2013/09/plaint-can-be-rejected-on-ground-of.html
