DINA NATH Vs. AMIT KUMAR & OTHERS

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India against the order dated 19.01.2018, passed by the learned Civil Judge (Junior Division) Court No. 3, Ghumarwin, District Bilaspur, in CMA No. 30/6 of 2018 in Civil Suit No. 456/1/17/14, wherein, the application of the petitioner under Order VI, Rule 16 CPC, for deletion of defamatory and scandalous remarks against the petitioner in the written statement filed by the respondents/defendants, has been dismissed.

(2.) Briefly stating facts giving rise to the present petition are that the plaintiff Hardassi (now deceased) maintained the Civil Suit No. 456/1/17/14, titled as Hardassi Devi vs. Amit Kumar & others, on 17.4.2014, before the learned Civil Judge (Junior Division) , Ghumarwin, District Bilaspur, but during the pendency of the said suit, plaintiff Hardassi Devi had died on 25.06.2014. The present petitioner, who is practicing advocate, on the instructions and directions of her testamentary successor Kamlesh Chand, son of Shri Bhagat Ram, filed an application under Order 22, Rule 3 CPC, for impleading him as plaintiff in place of Hardassi Devi as the deceased Hardassi had executed a valid and registered Will on 06.12013 in favour of Kamlesh Kumar.

(3.) By filing written statement, respondents /defendants, have levelled allegations against the petitioner, which are defamatory, scandalous, frivolous, vexatious and are against the rule of pleading and thereby injured the conscience and moral of the present petitioner. Thus, the petitioner maintained the application under Order VI, Rule 16 CPC, for deletion of defamatory and scandalous allegations levelled against him in the written statement filed by the respondents/defendants, which was dismissed by the learned Court below vide order dated 19.01.2018. Hence, the petition.