My advocate filed two applications under order 6 rule 16 of CPC as follows,
I submit that the plaintiff has mentioned about a lease deed stated to have been entered into between him and the defendants. But no such lease deed has been marked as exhibit. Therefore allowing the pleadings based on this alleged document not on record of this case to remain as part of the plaint, may be having the effect of the unnecessary material before this honorable court. Such pleadings also may tend to prejudice the trail of the suit. It would also amount to abuse of the process of the court.
In an other application my advocate mentioned as follows,
Allowing the evidence of the PW-1 based on this alleged documents not on record of this case, to remain as part of the affidavit in chief examination, may be having the effect of having unnecessary material before this honorable court. Such un-corroborated evidence also may tend to prejudice the trial of the suit. It would also amount to abuse the process of the court.
Therefore strike off some portions in pleadings and also portion of evidence in the evidence of PW-1 as mentioned. But both applications were dismissed by sessions court giving the reason as follows,
Order 6 Rule 16 of CPC applies only to the pleadings and not for evidence in this case, the plaintiff has already closed his side evidence long back.
And also said defendant has contended that the pleadings in some portion is in the nature of argument, and not the material facts and the alleged lease deed was not at all marked by the plaintiff and hence no prejudice would be caused to the plaintiff, if these applications are allowed.
And also said in the dismissed order as follows,
Order 6 Rule 16 of CPC contemplates that court may strike out the matter any pleadings if it,
a) Is unnecessary, scandalous, fribolous, or vexatious.
b) Tends to prejudice, embarrass or delay the fair trial of the suit.
And also said when the evidence of the plaintiff’s side is over without addusing the evidence, on his behalf the defendant has continued his habit of filing such applications which are not maintainable at all. It is also to be noted that the honorable high court is fixing the time limit for the disposal of this case.
My question is, and to the best of my knowledge, proper reason has not mentioned to dismiss the application. Therefore I humbly request you to suggest me if I file WP (writ petition) in high court what will happen? Can I get any justice in High court by getting a stay order? Please reply and also note the underlined points given by the sessions court.
