ORDER : Application by the plaintiff to expunge certain words, passages and sentences from the affidavit of the respondent filed in Appln. No. 1838 of 1964 in C.S. 65 of 1964 on the file of this court, as being scandalous, irrelevant, unnecessary and calculated to prejudice and embarrass the trial of the suit.

2. Sri G. Ramaswami, appearing for the respondent, took a preliminary objection that Order VI, Rule 16 C.P.C., can be invoked only in respect of pleadings and that there is no corresponding provision in respect of affidavits in Order XIX C.P.C. Order XIX, Rule 27 of the Rules of the Supreme Court corresponds to Order VI, Rule 16 C.P.C. Order XXVIII, Rule 11 of the Rules of the Supreme Court provides that the court or judge may order to be truck out from any affidavit only matter which is scandalous. Sri G. Ramaswami stressed on the fact that there is no corresponding provision in the Civil Procedure Code and that even in England the said rule is confined only to "scandalous" matters in affidavits. It is clear from Mullah's Civil Procedure Code, 12th Edn., Volume I at page 593, that every court has an inherent power, quite independently of Order VI, Rule 16, C.P.C., to strike o

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