spb/- 1 wp9617-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9617 OF 2010 Mrs. Laxmibai Bapu Gardade ... Petitioner. Vs. Smt. Shalan Bapu Kolpe & Ors. ... Respondents. --- Mr. Priten P. Killedar for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 15th DECEMBER, 2010. P.C. 1 The writ petition is directed against the order dated 9th November, 2010 passed by the learned Civil Judge, Jr. Dvn., Daund, rejecting the application of the petitioner (defendant No.1) for deleting certain portion from his own written statement. 2 The learned counsel for the petitioner submitted that the trial court has wrongly held that the application was covered by Order 6 Rule 17 of the Civil Procedure Code (for short ‘the Code”) and has rejected the application on that ground. According to him the learned Judge has not considered whether the application could have been allowed under Order 6 Rule 16 of the Code. In my view the submission has no merit. In spb/- 2 wp9617-10.sxw paragraph 6 of the order, the trial court has considered whether the application could be construed as an application under Order 6 Rule 16 of the Code or not. The view taken by the trial court that the application was not covered under Order 6 Rule 16 is in my opinion was a correct view and needs no interference. Order 6 Rule 16 permits the court to strike out or amend the pleadings which are unnecessary, scandalous, vexatious, frivolous and/ or which tends to prejudice, embarrass or delay the fair trial of the suit and which is otherwise an abuse of the process of the court. The court can pass an order to strike out such pleadings. In the present case petitioner did not wish to delete any of his own pleadings on the ground that they were scandalous, vexatious, frivolous or on any of the grounds mentioned in Rule 16 Order 6 of the Code. Ordinarily an application under Order 6 Rule 16 is made by a party to strike out certain portions from the pleadings of an opposite party. It is not necessary, in the facts of the present case, to consider whether Order 6 Rule 16 enables the party to apply for striking out the portion of its own pleadings, as in my view, the grounds for striking out as provided under Order 6 Rule 16 of the Code are not attracted in the present case. 3 There is no merit in the writ petition. It is rejected summarily. [D.G. KARNIK, J.]