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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VI: Pleadings Generally

Order VI Rule 16 CPC: Striking out pleadings

Bare Act text

[16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, of

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

(c) which is otherwise an abuse of the process of the Court.]

Amendment notes

  1. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

The Court may at any stage of the proceedings order any matter in a pleading to be struck out or amended if it is unnecessary, scandalous, frivolous or vexatious. The same applies where it may tend to prejudice, embarrass or delay the fair trial of the suit, or is otherwise an abuse of the process of the Court. The 1976 amendment substituted this rule.

Order VI: Pleadings Generally

  1. 1 Pleading
  2. 2 Pleading to state material facts and not evidence
  3. 3 Forms of pleading
  4. 4 Particulars to be given where necessary
  5. 5 Further and better statement, or particulars (Omitted)
  6. 6 Condition precedent
  7. 7 Departure
  8. 8 Denial of contract
  9. 9 Effect of document to be stated
  10. 10 Malice, knowledge, etc
  11. 11 Notice
  12. 12 Implied contract, or relation
  13. 13 Presumptions of law
  14. 14 Pleading to be signed
  15. 14A Address for service of notice
  16. 15 Verification of pleadings
  17. 16 Striking out pleadings
  18. 17 Amendment of pleadings
  19. 18 Failure to amend after order
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