Striking out pleadings1

Order 6, rule 16 of the cpc providesstriking out pleadings- the court may at any stage of the proceedings order to be struck out or
amend 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, ot
(c) Which is otherwise an abuse of the process of the court.
The power to strike out under this rule is a discretionary one. It should be exercised with great
care and caution. It should be exercised only when some substantial objection to the pleadings is
complained of or some real embarrassment is shown. A written statement ought not, therefore, to
be struck out unless it is clear beyond all reasonable doubt that the allegation in it are such as
cannot afford a defence to the action, and which, if not struck out, would unnecessarily delay the
suit; Anant Balkrishna Naik v. Govind dutta Gaundalkar, AIR 1976 Goa 74.
When the trial court is moved to strike out inconsistent defences which are embarrassing, re-trial
cannot be claimed in second appeal on the ground of embarrassment; T.P. Vava Rowther v.
Sulaiman Rowther, AIR 1930 Mad 814.
Illustrative Case
Where the suit filed by husband for annulment of marriage under section 12 of the Hindu
Marriage Act, 1955, was found to be not maintainable on account of statutory bar of section
12(2) of that Act and husband had moved an application seeking amendment of the plaint so as
to pray for decree of dissolution of marriage by a decree of divorce under section 13 of that Act
in the alternative, it was held that in such a case, rejection of plaint as a whole was not required.
The proper provision to be resorted in such circumstances was order 6, rule 16. The trial court
should afford the petitioner-husband an opportunity of striking out by amendment so much part
of the plaint, including the relief clause, which was relatable to section 12; Meera Asthana v.
Rajendranath Asthana, AIR 1994 MP 18.
1 Guide to All India Bar Examination, Universal Law Publishing Co., Edn. 2011, Pg. 77