PRABAKARAN Vs. S.KOKILAM

JUDGEMENT

(1.) This civil revision petition is filed against the fair and decreetal order, dtd. 22/7/2022 passed in I.A.No.1 of 2022 in O.S.No.918 of 2015 by the learned II Addl. Subordinate Judge, Tiruchirappalli.

(2.) The third respondent/plaintiff has filed a suit in O.S.No.918 of 2015 for declaration and permanent injunction, against the petitioner/second defendant. During the pendency of the said suit, the respondents 1 and 2 herein filed an application in I.A.No.1 of 2022 under Order VI Rule 16, to permit them to withdraw the written statement said to have been filed by them in the above suit. Their contention in the petition is that though at the time of institution of the suit, the first respondent filed the written statement and the same was adopted by the petitioner and the second respondent, thereafter the conduct of the petitioner has changed and therefore, it has become necessary to strike out the written statement of the respondents 1 and 2 and thereby permitting them to withdraw their written statement already filed by them in the above suit.

(3.) The same was resisted by the third respondent/plaintiff stating that the facts made in the written statement cannot be struck off by way of filing this application. Moreover, Order VI Rule 16 of C.P.C., deals with the amendment or striking out the pleadings and the same cannot be struck off unless, the pleadings are shown to be unnecessary, scandalous, frivolous or vexatious or which may embarrass or delay the process of fair trial or it is otherwise. The first and second respondents by way of this application are alleging scandalous and vexatious averments as against this petitioner. Therefore, the petition to strike out the entire written statement filed by the respondents can never be entertained.