SHRAVAN KUMAR GUPTA Vs. TARA CHAND GUPTA

JUDGEMENT

(1.) BY this application under Order XI Rule 21 CPC the Defendants seek dismissal of the suit due to non-compliance of order dated 18th September, 2012 passed by the learned Joint Registrar directing the Plaintiff to reply the interrogatories.

(2.) LEARNED counsel for the Defendant Nos. 1 (a), 2 and 3 contends that the Defendants/applicants sent a notice for interrogatories vide letter dated 19th September, 2012 by Registered Post through their counsel which was duly served on the Plaintiff, however no reply to the said interrogatories were received within the stipulated period as warranted vide order dated 18th September, 2012. Since the Plaintiff has intentionally not complied with the direction issued by this Court, the suit is liable to be dismissed. It is further contended that under Order XI Rule 4 CPC interrogatories are required to be sent in Form-2 in Appendix­C with such variations as circumstances may require. A perusal of Appendix-C Form-2 shows that the only requirements are that the title of the suit has to be given followed by the request for interrogatories and the interrogatories. It is contended that vide the notice dated 19th September, 2012 learned counsel for the Defendants/applicants clearly mentioned the details of the suit and the order required to be complied with. The interrogatories sought to be replied were also recited. Hence necessary compliance under Order XI Rule 4 CPC was made and the only ground taken by the Plaintiff that the interrogatories were not in proper format is liable to be rejected. Reliance is placed on Maria Margarida Sequeira Fernandes and others vs. Erasmo Jack De Sequeira (Dead) through LRs, 2012 (5) SCC 370 to rely on the directions of the Hon'ble Supreme Court that the judicial officers and judges should adhere to Section 30 CPC in ascertaining the truth and the lawyers must ensure that the truth triumphs in the administration of justice.

(3.) I have heard learned counsel for the parties. The present application arises from the order dated 18th September,