BIKASH CHANDRA BADU Vs. SURABALA BOHIDAR

JUDGEMENT

(1.) HEARD Mr. Nanda, learned counsel for the petitioner and Mr. Bose, learned counsel for the opp. party.

(2.) A suit has been filed by the petitioner seeking declaration of right, title and interest over the disputed property against the defendant -opp. party, who is none other than the wife of the petitioner. It appears that the petitioner -husband has filed a matrimonial dispute seeking divorce, which is pending disposal. It is stated at the bar that admittedly the disputed property has been purchased in the name of the defendant -wife, but the case of the plaintiff -petitioner is that it was purchased by him in the name of his wife when he had good relation with his wife. An application was filed by the petitioner before the Court below to delete certain portions of the pleadings made in the written statement filed by the defendant -opp. party, under the provisions of Order 6 Rule 16 C.P.C. on the allegation that those pleadings are scandalous, frivolous and vexatious. The plaintiff -petitioner in the application filed under Order 6 Rule 16 C.P.C. before the Court below has specifically alleged the following to be such nature of pleadings requiring deletion:

(3.) THE Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading -