DAL CHAND Vs. SATISH CHANDRA

JUDGEMENT

(1.) This is a defendant's revision against the order dated Jan. 15, 1977 of the Civil Judge, Udaipur, by which the learned Civil Judge has ordered for striking out para 3 and para 2 of the additional pleas of the written statement It may be stated that the learned Civil Judge dismissed the plaintiff-non-petitioner's application under Order VIII, Rule 9, C. P. C. and allowed the application under Order VI, Rule 16. C.P.C. The plaintiff has not challenged the order dismissing his application under Order VIII, Rule 9, C. P. C. The defendant has challenged that part of the order dated Jan. 15, 1977, by which the application of the plaintiff under Order VI, Rule 16, C. P. C. was allowed.

(2.) The plaintiff-non-petitioner instituted a suit for Rs. 6,000/- against the defendant-petitioner on the basis of a promissory note dated Mar. 13. 1963. The defendant contested the suit denying the execution of the pronote after borrowing Rs. 3,000/-. In para 3 of the written statement, the defendant raised a plea that the plaintiff is 'Be-namidar' and that his (plaintiff's) father Madanlai used to do money lending business in the name of the members of his family. It was also stated in para 3 that as the plaintiff was 'Benamidar' and as he had not taken the money lending licence, he cannot institute the suit. In para 2 of the additional pleas, it was stated that defendant had several money dealings with the plaintiff's father and that by a registered letter. which was sent to him (plaintiff's father) on Jan. 2, 1974, he asked for the accounts of the past dealings, to which he did not reply. It was also averred in para 2 of the additional pleas that neither any amount by way of principal or interest is due from him nor from any member of his family. On behalf of the plaintiff, an application under Order VI, Rule 16, C. P. C. was filed on Aug. 7, 1976 for striking out para 3 and para 2 of the additional pleas of the written statement. This application was resisted on behalf of the defendant by filing a reply dated Sept. 4, 1976. The learned Civil Judge, by the impugned order, allowed the application under Order VI, Rule 16, C, P. C. filed by the plaintiff and ordered that para 3 and para 2 of the additional pleas of the written statement may be struck out on the ground that incorporation of para 3 and para 2 of the additional pleas of the written statement will prejudice, embarrass and delay the trial of the suit. To quote the learned Civil Judge : (Matter being in Hindi omitted. -- Ed.) The defendant has filed this revision questioning the order dated Jan. 15, 1977 of the learned Civil Judge, by which he allowed the plaintiff's application under Order VI. Rule 16, C. P. C. as aforesaid.

(3.) I have heard Mr. D. S. Shishodia, learned counsel for the petitioner and Mr. Rule L. Maheshwari for the non-petitioner and have carefully perused the plaint and the written statement.