ANIL SHARMA Vs. MAHESH DASS

JUDGEMENT

(1.) VIDE order dated 26.05.2011 passed in IA 8737/2011, the plaintiffs were directed to answer the interrogatories which formed part of the application, unless they claimed that one or more of them were scandalous or irrelevant or were not exhibited bona fide for the purpose of this suit, or were not sufficiently material or they claimed any privilege or felt that there were some other reasonable ground for not answering those interrogatories. VIDE IA.......................(to be numbered), filed under Order XI Rule 7 of the Code of Civil Procedure, the plaintiffs have sought the setting aside of the order dated 26.05.2011 and striking down the interrogatories. The other IA has been filed for condonation of delay in filing application under Order 6 Rule 17 of the Code of Civil Procedure.

(2.) RULE 6 & 7 of Order 11 of the Code of Civil Procedure are relevant for the purpose of these applications and read as under:-

(3.) AS regards the first interrogatory, I find that though in para 11 of the amended plaint, it has been alleged that notification under Section 4 read with Section 17 of the Act invoking the emergent provisions were issued vide No.F.9(5)/79-L&B(i) dated 19.1.1990, there is no reference to separate notification one under Section 4 and the other under Sections 6 and 17 of the Land Acquisition Act. Vide first interrogatory, the defendants want the plaintiffs to answer as to whether it is a fact or not that for acquisition of the suit property, notification under Section 4 bearing No.F.9(5)/79- L&B(i) was issued on 19.2.1990 followed by notification No. F.9(5)/79-L&B(ii)/13182 on 25.05.1990. Since, not only there is difference in the date of the first notification given in para 11 of the amended plaint and in interrogatory No.1, the plaintiffs have not at all referred to the notification under Sections 6 & 17 of the Land Acquisition Act, the first interrogatory needs to be answered by the plaintiffs and the same is not covered under any of the grounds mentioned in Rule 7 of Order 11 of the Code of Civil Procedure.