Exception and application to strike out – High Court – Uniform Rule of Court 23
If a pleading is vague and embarrassing, or lacks averments which are necessary to sustain an action or defence, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto.
If a pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the aforesaid matter.
When exception is taken to any pleading, the grounds upon which the exception is founded shall be clearly and concisely stated.
When exception is taken to any pleading or an application to strike out is made, no plea, replication or other pleading over shall be necessary.
Exception and application to strike out – High Court – Uniform Rule of Court 23
To view the rule go to Department of Justice – Uniform Rules of Court
For more go to the South African Legal Information Institute (SAFLII)
