A.K.SINGH,J. - (1.) HEARD the learned Counsels of the parties.
(2.) THIS petition is directed against the order dated 4th August, 98 passed by the learned Additional District Judge No. 1, Jodhpur in civil suit No. 711/97, whereby the application filed by the petitioner -defendant under Order 6 Rule 16 C.P.C. was rejected. The learned Counsel for the petitioner has submitted that the impugned order is bad in law, because the substantial portion of the pleadings made by the plaintiff -non petitioner was not necessary in view of the case set up by him that the defendant was a tenant. It is further submitted by him that the learned lower court has committed a serious error by rejecting the petitioner's application under Order 6 Rule 16 C.P.C.
(3.) THE learned Counsel for the non -petitioner has opposed this petition on two grounds. The first is, that this petition is not maintainable in view of the provisions contained is Section 115 C.P.C. The second ground is that on merits, the pleadings contained in the plaint were necessary in order to place before the court all relevant facts necessary for establishing the case set up by the plaintiff -non petitioner.;