ARUN PRABHA KHANNA Vs. WARREN CHIRSTOPHER

JUDGEMENT

(1.) Plaintiff has filed this application under Order VI Rule 16 and Section 151 Civil Procedure Code, inter aiia, alleging that by the order dated February 14, 1997, plaintiff were directed to amend the plaint with regard to the remarks against Mr. David, L.Frey, Advocate of the defendant. Plaintiff No.2, who is U.S. citizen, after considerable deliberations and consultations with his attorney in U.S.A. has intimated the counsel that the alleged remarks against Mr. David L.Frey and James G. Williams are necessary and based on truthful representation of facts made by aforesaid David L. Frey and therefore, they may be allowed to remain as they are. It is further alleged that the remarks against both the said persons are not in any way scandalous. Prayer made in para 9 of the application is to the following effect :-

(2.) I heard the learned counsel for the plaintiffs.

(3.) By the order dated February 14, 1997, J.B.Goel, J. gave opportunity to the plaintiffs to suitably amend the plaint as it contains unnecessary, scandalous, frivolous and vaxatious averments. I too have gone through the plaint and some of the averments particularly made in paras 3,5,8,11,12,14,17, 19,20,24 & 28 are undoubtedly scandalous and need to be deleted forthwith. Not only that plaint contains unnecessary allegations which are not relevant for deciding the claim for recovery of Rs.2,10, 000.00 with interest under the provision of Order XXXVII Civil Procedure Code. Application is, therefore, dismissed. Plaintiff are directed to comply with the order dated February 14,1997, within four weeks. Listen 12.1.98.