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Delhi District Court

This Order Shall Dispose Of Two ... vs Unknown on 13 March, 2007

                             1

Suman Kapur                               Suit NO. 46/04

133/07

ORDER:

1. This order shall dispose of two applications one filed under order 6 Rule 17 CPC by the defendant for amendment of written statement on the averments that the sum of Rs.14,000 has been wrongly mentioned in the written statement instead of Rs.10,000/- due to typographical mistake. It has been further stated that after filing of written statement it transpired that defendant has paid a sum of Rs.1,50,000/- which was not earlier within the knowledge of defendant hence, could not be mentioned in para no. 13 of the written statement. The defendant prayed amendment in para 13 wherein defendant earlier mentioned total table amounting to Rs.7,06,721/- and now wants to incorporate total sum as Rs.8,51,721/-. Plaintiff filed reply to the application stating that the defendant by way of present application wants to withdraw the admission already made in the written statement. It is further stated that plaintiff had no objection if the correction from Contd/-

Rs.14,000/- to Rs.10,000/-at item no. 19 in para no. 13 of written statement is allowed. However, the defendant should not be permitted to incorporate the payment of Rs.1,50,000/- for which the defendant has not explained the mode of payment.

2. Order 6 Rule 17 deals with amendment of pleadings. The main object of amendment is to afford an opportunity to the the parties to bring full facts before the court for complete adjudication of the controversy existing between the parties. It asks to him that curving down the multiplicity. The amendment sought by defendant would not change the complexion of the suit nor would prejudice to the plaintiff. Accordingly, the amendment application of the defendant is allowed. Amended WS be filed within 15 days.

3. Now I take up the second application filed under order 6 Rule 16 CPC by the plaintiff stating therein that in the written statement filed by defendant there are certain paras which are neither necessary nor important for deciding the controversy between the Contd/-

parties. Infact, the said paras are unnecessary, scandalous, frivolous and vexatious which simply talk about the relationship between the plaintiff and her husband who had filed a divorce petition against the plaintiff. Since the relationship of plaintiff and her husband is not the subject matter of the present suit, so the pleadings pertaining to such relationship should be taken-off the record. It was further stated that contents of Preliminary objection 8, para 1 Reply on merits, Para 4,5,9 &19 also for reply on merits should be struck out being unnecessary.

4. The defendant filed written statement stating that pleadings are very much essential to show the disguise of the plaintiff for recovery of the suit amount from the defendant which is based on ulterior motive against the defendant because the contents of the paras in the written statement in question show the conduct of the plaintiff which would entitle her to claim the suit amount.

5. I have heard Ld. Counsel for the parties and perused the record carefully.

Contd/-

6. Order 6 Rule 16 CPC deals with striking out unnecessary, scandalous, frivolous and vexatious pleadings by the parties which provides as under :

The court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-

                a)       Which        may     be

                unnecessary,          scandalous,

                frivolous or vexatious, or

                b) which may tend              to

                prejudice,       embarrass     or

                delay the fair trial of the

                suit, or

                c) which is otherwise an

                abuse of the process of the

                court.

7. The main object of the pleadings is to confine the controversy existing between the parties and to narrow down the trial for the disposal of issues actually existing between the parties. The Contd/-

object of order 6 Rule 16 CPC is to strike out unnecessary uncalled for pleadings which would have no bearing on the merits of the case.

8. In the instant case the plaintiff has instituted a simple suit for recovery against the defendant therefore, the pleadings with regard to the relationship between the plaintiff and her husband would be of no consequence, so far as, the controversy in the present case is involved. Accordingly, preliminary objection no. 8 reply on merits, para 4 Reply on merits, Para 5, 9 and 19 are, in my view, unnecessary and uncalled for so far as, the issue involved in the present case is concerned. Accordingly, the application of the plaintiff is allowed. Preliminary issue no. 8 Para 4, 5, 9,19 of reply on merits are ordered to be deleted from the pleadings of the defendant. With these observations the application under order 6 Rule 16 CPC filed by plaintiff is disposed of.

9. Adjourned to 16/5/07 for filing amended WS.

ADJ/DELHI 13/3/07 Contd/-

Contd/-