The Court may at any stage of the proceedings order to be struck out or amended any matter in any…
Under Order VI, Rule 16 of the Code of Civil Procedure, 1908 ('Striking out pleadings'), the Court may at any stage of the proceedings order to be struck out or amended any…
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The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading as per the provision of —
Answer and explanation
Correct answer A
Under Order VI, Rule 16 of the Code of Civil Procedure, 1908 ('Striking out pleadings'), the Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading — (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or (c) which is otherwise an abuse of the process of the Court. Order VI, Rule 15 governs verification of pleadings, and Order VI, Rule 17 governs amendment of pleadings on a party's application.
Option feedback
Option A
Correct: Under Order VI, Rule 16 of the Code of Civil Procedure, 1908 ('Striking out pleadings'), the Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which is unnecessary, scandalous, frivolous or vexatious, or which tends to prejudice, embarrass or delay the fair trial of the suit, or which is otherwise an abuse of the process of the Court.
Option B
Under Rule 17 the court may allow a party to amend its pleadings. Rule 16 is the specific power to strike out or amend objectionable matter.
Option C
Incorrect: Order VI, Rule 15 of the Code of Civil Procedure, 1908 deals with the verification of pleadings.
Option D
Incorrect: Because Order VI, Rule 16 of the Code of Civil Procedure, 1908 is the exact governing provision, this option is incorrect.
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