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Striking out a matter from pleadings

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The civil courts in Pakistan are empowered to strike out a matter from pleadings under the provisions of code of civil procedure, 1908. This provision is present in order VI rule 16 of Code of Civil Procedure 1908 which is reproduced below:-

"16. The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit."

In practice no court strikes out a matter from pleadings on its own motion. The aggrieved party has to file an application in this regard. The respondents have to file replies on such application accordingly. There are arguments afterwards and after hearing the parties, the judge can either accept the application or dismiss it.


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