The Code of Civil Procedure, 1908  - Order VI Rule (16)

Striking out pleadings - Suit for declaring them as lawful tenants of suit premises - Defendant No. 2 filed separate written statement that predecessor of the plaintiff voluntarily surrendered the suit premises - Application for striking off the additional written statement -Rejected by trial court - Learned Single Judge granted prayer for striking off the additional written statement - Effect of delay in filing the application for striking off the additional written statement? - High Court not justified in setting aside the order without being satisfied that the same was vitiated by an error of jurisdiction - Plaintiff responsible for delay in proceedings for over two years by filing frivolous application - Impugned order of the High Court set aside - Appeal allowed with cost of Rs. 25,000/-.

Topic(s)-Striking out Pleadings