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2012 DIGILAW 206 (ORI)

Bikash Chandra Badu v. Surabala Bohidar

2012-04-19

M.M.DAS

body2012
ORDER 19.4.2012 - Heard Mr. Nanda, learned counsel for the petitioner and Mr. Bose, learned counsel for the opp. party. A suit has been filed by the petitioner seeking declaration of right, title and interest over the disputed property against the defendant-opp. party, who is none other than the wife of the petitioner. It appears that the petitioner-husband has filed a matrimonial dispute seeking divorce, which is pending disposal. It is stated at the bar that admittedly the disputed property has been purchased in the name of the defendant-wife, but the case of the plaintiff-petitioner is that it was purchased by him in the name of his wife when he had good relation with his wife. An application was filed by the petitioner before the Court below to delete certain portions of the pleadings made in the written statement filed by the defendant-opp. party, under the provisions of Order 6 Rule 16 C.P.C. on the allegation that those pleadings are scandalous, frivolous and vexatious. The plaintiff-petitioner in the application filed under Order 6 Rule 16 C.P.C. before the Court below has specifically alleged the following to be such nature of pleadings requiring deletion: (a) In Paragraph-6 of the W.S., defendant has alleged that 'But the plaintiff is addicted to alcohol and is a gambler xxx’. He wasted all his money in immoral activities like drinking and gambling. The defendant several times requested the plaintiff to give up his vices, but the plaintiff paid a deaf ear to her request and is a notorious gambler and alcoholic. (b) Paragraph-7 'A' the defendant has alleged that 'xxx more over, the plaintiff, as stated above was a man of loose morals. He was wasting all the money earned by him. Therefore the defendant became apprehensive about her future xxx'. (c) In paragraph-7 'B', the defendant has alleged 'the plaintiff is residing in the house belonging to his wife and is now shamelessly claiming title xxx'. (d) In paragraph-12 of the W.S., the defendant has alleged 'xxx it is submitted that, with an evil motive and design the plaintiff wants to get rid of the defendant and want to grab the suit property. So that, he can continue with his immoral activities by marrying again'. (d) In paragraph-12 of the W.S., the defendant has alleged 'xxx it is submitted that, with an evil motive and design the plaintiff wants to get rid of the defendant and want to grab the suit property. So that, he can continue with his immoral activities by marrying again'. The Court below, considering the said application, by the impugned order under Annexure-1, rejected the prayer of the petitioner holding that "though the allegations are that scandalous but the onus is on the defendant to strictly prove the same, if the same is necessary for her case" Order 6 Rule 16 C.P.C. provides as follows: "16. Striking out pleadings. 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. From a bare reading of the above provision, it is disclosed that the Court has the power at any stage of the proceedings to strike out or amend any matter in any pleading which, according to it, is unnecessary, scandalous, frivolous or vexatious or which may tend to prejudice, embarrass or delay the fair trial of the suit or amounts to abuse of the process of Court. On examining the written statement, which has been annexed to the writ petition filed by the opp. party in the Court below, it appears that in paragraph-6 of the written statement, the phrase "is a notorious gambler and alcoholic" is scandalous as well as unnecessary for adjudicating the suit. Similarly, in paragraph-7(a) of the written statement, the phrase "Moreover, the plaintiff, as stated above, was a man of loose morals" is considered to be scandalous, by this Court and unnecessary for adjudication of the suit. Since this Court finds that the above two phrases in the written statement to be both unnecessary and scandalous, the said phrases from the written statement in the respective paragraphs be struck off from the pleadings of the defendant. The impugned order is, therefore, modified to the above extent. The writ petition is disposed of accordingly. Urgent certified copy of this order be granted on proper application. Petition disposed of.