GOMATHY AMMAL Vs. H H PARVATHY BHAI

JUDGEMENT

(1.) C. R. P. No. 94 of 1953 and C. R. P. No. 95 of 1953 are against the orders of the learned Additional District Judge of Trivandrum in C. M. P. No. 7044 dated 22-11-1952 in O. S. No. 275 of 1951 and C. M. P. No. 6961 dated 22-11-1952 in O. S. No. 278 of 1951 respectively, granting the prayer of the defendant for striking out certain portions of the plaints and replications in those suits under O.6 R.16 of the Code of Civil Procedure, 1908.

(2.) O.6 R.16 which is a reproduction of the English O.29 R.27 provides that:

(3.) There is no doubt that nothing can be scandalous which is relevant (per Cotton, L, J., Fisher v. Owen, 1878 (8) CD 645) and that the jurisdiction which is given to the court under O.6 R.16 is one which ought to be exercised with great care and caution (AIR 1925 Calcutta 860 and AIR 1951 Nagpur 412).