DHARNI DHAR PD SINHA Vs. RAM DULARI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS revision application is directed against the order dated 23.11.2000 passed by the court below, whereby the petition filed by the defendant petitioner under Order VI Rule 16 of the Code of Civil Procedure to strike out H.M.P.Sugars Limited Versus Union Of India para 10 of the plaint has been rejected.

(3.) ORDER VI Rule 16 of the Code of Civil Procedure speaks of striking out pleadings which may be unnecessary, scandalous, frivolous or vexatious or which may tend to prejudice, embarrass or delay the fair trial of the suit or which is otherwise an abuse of the process of the court. In para 10 of the plaint, the plaintiff has asserted that Binda Prasad was hard pressed and so he sold the equity of redemption through registered deed of sale dated 30.1.1956 to the plaintiff and received Rs. 500/ - as price of equity of redemption.