Case Note & Summary
The petitioner, original plaintiff in Special Civil Suit No.164 of 2006, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 22.10.2012 passed by the learned Civil Judge Senior Division, Latur, below Exh.144/D. By the impugned order, the trial court rejected the plaintiff's application seeking permission to deliver interrogatories for the second time to the defendants. The trial court relied on the proviso to Order 11 Rule 1 of the Code of Civil Procedure, 1908 (CPC) and held that interrogatories cannot be delivered a second time. The petitioner argued that there is no legal bar to delivering interrogatories more than once, while the respondents contended that the proviso restricts such delivery. The High Court examined Order 11 Rule 1 CPC and its proviso, which states that interrogatories shall be in form No.2 in Appendix B or such other form as the court may direct, with no restriction on the number of times they can be delivered. The Court observed that the trial judge had only considered the legal aspect and not the merits of the interrogatories. The High Court held that there is no prohibition in law against delivering interrogatories a second time, and the proviso does not impose any such restriction. The Court set aside the impugned order and directed the trial court to consider the application on its merits, including the relevance and propriety of the interrogatories. The writ petition was allowed, and rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Interrogatories - Order 11 Rule 1 CPC - Second Set of Interrogatories - The issue was whether a party can deliver interrogatories more than once to the same party - The Court held that there is no bar or restriction in law preventing a party from delivering interrogatories a second time, and the proviso to Rule 1 does not limit the number of times interrogatories can be delivered - The trial court must consider the application on its merits rather than rejecting it solely on the ground that interrogatories were already delivered once (Paras 4-8).
Issue of Consideration
Whether interrogatories under Order 11 Rule 1 of the Code of Civil Procedure, 1908 can be delivered to the same party for the second time?
Final Decision
The writ petition is allowed. The impugned order dated 22.10.2012 passed by the learned Civil Judge Senior Division, Latur, below Exh.144/D in Special Civil Suit No.164 of 2006 is set aside. The trial court is directed to consider the application at Exh.144/D on its own merits, including the relevance and propriety of the interrogatories. Rule is made absolute. No order as to costs.
Law Points
- Interrogatories can be delivered more than once under Order 11 Rule 1 CPC
- No bar to second set of interrogatories
- Proviso to Order 11 Rule 1 does not restrict number of times
- Trial court must consider interrogatories on merits
