In
case titled “S. Malla Reddy vs. M/s. Future Builders Co-operative Housing Society & Ors” Civil Appeal No. 3914 of 2013[Arising out of SLP (C)
No.12497 of 2008] (Date of decision: 18.04.2013), The Hon’ble Supreme Court
held as follows:
Order VI Rule 16 CPC has been substituted by the CPC (Amendment) Act, 1976. This
provision deals with the amendment or striking out of the pleadings, which a
party desires to be made in his opponent’s pleadings. In other words, the
plaintiff or the defendant may ask the court for striking out pleadings of his
opponent on the ground that the pleadings are shown to be unnecessary,
scandalous, frivolous or vexatious. This Rule is based on the principle of exdebito justitia. The court is empowered under this Rule to strike out any
matter in the pleadings that appears to be unnecessary, scandalous, frivolous
or vexatious or which tends to prejudice, embarrass or delay the fair trial of
the suit. [Para 22]