ARUN JAITLEY Vs. ARVIND KEJRIWAL

JUDGEMENT

(1.) Present application has been filed under Order 6 Rule 16 read with Section 151 CPC for striking off the preliminary submissions in the replication filed by the plaintiff. The preliminary submissions of replication sought to be expunged by the defendant by way of the present application are as under:-

(2.) Mr. Anoop George Chaudhari, learned senior counsel for the defendant-applicant stated that the plaintiff had exploited the opportunity of filing the replication for the purpose of introducing new allegations of defamation to make out a fresh case that is in addition to the case set out in the plaint.

(3.) He stated that as the preliminary submissions of the replication contain additional allegations and subsequent pleas against the defendant, which do not form part of the plaint, hence the defendant has not had the chance of rebutting the same through his written statement. He contended that the plaintiff by bringing in the additional / new facts in the replication, intended to 'rob' the defendant of a chance to file a reply to the allegations made.