ash83 (.) 19 June 2023

Order 6 rule 16

hello all,

I have filed a civil suit against on a person who has encroached on my property. In his written statement, he has made defamation statements. I have gathered the proof from statuary authorities who confirmed encroachment in their spot inspection report.

Can we file a petition under Order 6 Rule 16 to strike out defamations statements made by the defendant. in written statement.

Thanks.

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6 Replies

Jayesh Malhotra (Practicing Adv.) 23 June 2023

If statements are not relevant to the relief sought then, Yes.

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ash83 (.) 23 June 2023

Thank you. Trail has not began yet.

Niharika Lohan 24 June 2023

Hi Rajas, I’m Adv. Niharika and here is my take on your query.

As per the IPC, if statements made are false / untrue and they made with intend to injure your reputation, and then they are made available to the public, which will lower your reputation is called defamation. Here in your case, the alleged statements were made in the WS (published / made available to read) to negate your claim (shows intent to injure) they can be struck out following O.6 R.16. of CPC

You must be the best judge of the statements made against you, if they are totally false and frivolous then you can take recourse of O.6, R.16.

The Delhi High Court very recently on 15.02.2022 in the case of Dr. Sanjeev Bansal v. Dr. Manish Bansal CS (OS) 649/2021 judgment ruled that frivolous and scandalous proceedings be struck out and also awarded compensation to the aggrieved party.

You can additionally make a criminal case against the said defendant under sec.499 & 500, IPC

I hope this helps, for further questions, you can contact me at niharikalohan@yahoo.com

1 Like

ash83 (.) 24 June 2023

Thank you mam.