ANDERSON KIRKWOOD TENNENT Vs. WALTER MITCHEL

JUDGEMENT

(1.) This is an appeal by the Defendant against the judgment of my learned brother Mr. Justice Buckland which was delivered on the 6 of January 1925, by which the learned Judge directed the Defendant's written statement to be struck out as embarrassing. Inasmuch as this appeal is in the nature of an interlocutory appeal, the hearing of it was expedited.

(2.) The application was made by the Plaintiff under Order 6, Rule 16 of the first schedule of the Civil Procedure Code. That rule is as follows: " The Court may, at any stage of the proceedings, order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit:" and it is upon the ground that the written statement would embarrass and delay the fair trial of the suit, that the order has been made.

(3.) The suit was brought by the Plaintiff to recover the sum of Rs. 11,000 and it was alleged that that sum was advanced to the Defendant on the 4 of April 1923 and that in return for that advance the Defendant gave the Plaintiff four cheques, which were post-dated and bore the dates respectively the 1 of October, the 1 of November, the 1 of December 1923, and the 1 of January 1924.