ANIMA SONOWAL Vs. DINESWARI MECH

JUDGEMENT

(1.) Heard Shri R.S. Mishra, learned counsel for the petitioner, who has put to challenge an order dated 16.05.2018 passed by the learned Munsiff No.2, Dibrugarh. By the said order, while rejecting the application filed by the petitioner, who is the defendant under Order VII Rule 11 CPC, the learned Court has suo moto exercise powers and directed striking out a portion of the plaint relating to Zirat money. It is this part of the order, which is the subject matter of challenge.

(2.) The learned counsel has drawn the attention of this Court to an order dt. 8.1.2021 passed by the learned Lawazima Court whereby it has been held that the service upon the sole respondent is complete. In fact, subsequently this Court vide order dt. 19.1.2021 has held the service to be complete.

(3.) Shri Mishra, the learned counsel for the petitioner by drawing the attention of this Court to the provisions of Order VI Rule 16 CPC submits that such powers can be exercised on the application made by a party to the proceedings. He submits that a party to a proceeding may make an application under the aforesaid section to strike out pleadings, which may fall within the three subject headings and after giving the contesting party a chance, such a power can be exercised. The learned counsel submits that in absence of specific reference enabling suo moto exercise of powers, the learned Court cannot exercise the same.