H. K. GOPALA GOWDA Vs. H. R. INDRAMMA

JUDGEMENT

(1.) This petition by the plaintiff is directed against the impugned order dtd. 18/3/2023 passed in Original Suit No.211 of 2012 by the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mysuru, whereby I.A. No.16 filed by the petitioner/plaintiff under Order VI, Rule 16 of the Code of Civil Procedure, 1908, (for short, 'C.P.C.') seeking striking off paragraph Nos.14 to 17 of the written statement of respondent No.1/defendant No.8 was rejected by the trial Court.

(2.) Heard the learned counsel for the parties and perused the material on record.

(3.) Material on record discloses that the petitioner/plaintiff has instituted the aforesaid suit for partition and separate possession of his alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, while the father of the petitioner/plaintiff is arrayed as defendant No.1, respondent No.1/defendant No.8 is the sister of defendant No.1. In the first instance, defendant No.1 filed his written statement as well as additional written statement to which the petitioner/plaintiff filed rejoinder/reply. Subsequently, the petitioner/plaintiff filed an application, namely I.A. No.9 invoking Order VI, Rule 16 of the C.P.C. seeking striking off the averments in the written statement contained in paragraph No.17 to 19 and 24 of defendant No.1 on the ground that the said averments are unnecessary, scandalous, frivolous and vexatious and deserves to be struck off the record.