Question

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

Hint:

Order VI Rule 16 is the "clean-up" tool for pleadings. If a party litters the record with irrelevant or delay-causing nonsense, the Court has the power to simply strike it out at any point!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Order VI Rule 16 of the CPC, 1908, grants the court the power to "strike out" pleadings that are unnecessary, scandalous, frivolous, or vexatious to ensure a fair and efficient trial.

Step 2: Detailed Explanation:
- The court has the authority to strike out or amend any matter in any pleading if it is found to be unnecessary, scandalous, or if it tends to prejudice, embarrass, or delay the fair trial of the suit.
- Crucially, this power can be exercised "at any stage of the proceedings." It is not limited to a specific time before the trial begins, allowing the court to maintain procedural order throughout the litigation.

Step 3: Final Answer:
The correct action is to strike out such pleadings at any stage. Option (C) is the correct answer.