Case Note & Summary
The writ petition was filed by defendant No.1, Uday Dattatreya Dambalkar, challenging the order dated 04.09.2019 passed by the V Additional Civil Judge & JMFC, Athani in O.S.No.975/2015, whereby his application (I.A.No.VI) seeking delivery of interrogatories with a list of scheduled questions along with an affidavit was rejected. The suit was instituted by respondent No.1, who is the brother of the petitioner, seeking partition and separate possession of suit properties. The petitioner/defendant No.1 sought to administer interrogatories to the plaintiff regarding the nature of the suit properties and the plaintiff's claim. The trial court dismissed the application without assigning reasons or examining the relevance of each question. The High Court, exercising jurisdiction under Articles 226 and 227 of the Constitution of India, set aside the impugned order and remanded the matter back to the trial court for fresh consideration. The Court directed the trial court to examine each interrogatory individually and decide whether it is relevant and necessary for the just adjudication of the suit, in accordance with Order XI Rule 1 of the Code of Civil Procedure, 1908. The petition was allowed with no order as to costs.
Headnote
A) Civil Procedure - Interrogatories - Order XI Rule 1 CPC - Rejection of Application - The trial court rejected the defendant's application for delivery of interrogatories without considering the relevance of the questions to the suit. The High Court held that the court must examine each question to determine if it is relevant and necessary for the just adjudication of the suit, and that the rejection without such examination was erroneous. (Paras 1-3)
Issue of Consideration
Whether the trial court was justified in rejecting the application filed by the defendant seeking delivery of interrogatories under Order XI Rule 1 of the Code of Civil Procedure, 1908.
Final Decision
The writ petition is allowed. The impugned order dated 04.09.2019 passed by the V Additional Civil Judge & JMFC, Athani in O.S.No.975/2015 on I.A.No.VI is set aside. The matter is remanded back to the trial court for fresh consideration. The trial court is directed to examine each interrogatory individually and decide whether it is relevant and necessary for the just adjudication of the suit, in accordance with Order XI Rule 1 CPC. No order as to costs.
Law Points
- Interrogatories
- Order XI Rule 1 CPC
- Relevance
- Trial Court Discretion
- Civil Procedure
