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Discussion

In accordance with the provisions of the Code of Civil Procedure, 1908, where a court, while examining pleadings, finds certain averments to be unnecessary and capable of prejudicing or delaying the fair trial, the court, in such a case, may :

  • A.Strike out such pleadings at any stage of proceedings.
  • B.Ignore such pleadings without passing any order.
  • C.Direct amendment only after trial begins.
  • D.Reject the plaint in entirety.

Answer: A

The court may strike out such pleadings at any stage of proceedings.

Order VI Rule 16 of the Code of Civil Procedure lets the court, at any stage of the proceedings, order to be struck out or amended any matter in a pleading that is unnecessary, scandalous, frivolous or vexatious, that may tend to prejudice, embarrass or delay the fair trial, or that is otherwise an abuse of the process of the court.

The court does not simply ignore the averments, its power is not postponed until the trial begins, and rejection of the whole plaint is a separate remedy under Order VII Rule 11 for defects such as a plaint disclosing no cause of action.

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