JOHN J ILLICKAN Vs. SHEELA PHILIP

JUDGEMENT

(1.) DEFENDANT in O.S.No.200 of 2009 of the court of learned Sub Judge, Pala is the petitioner before me aggrieved by orders on Exts.P3 and P4, applications. Respondents filed the suit for partition of certain items. Petitioner filed Ext.P2, written statement raising inter alia a plea of adverse possession, ouster and limitation claiming that there was an oral agreement between the parties some time in 1972-75 and from then onwards petitioner has been in possession and enjoyment of the property. While so, petitioner filed Ext.P3, application to serve interrogatories on the respondents. Grievance of petitioner is that on the day the application to serve interrogatories was filed the case was posted for trial in the list on 03-11-2010 and Ext.P3, application was also posted to that day. On 04-09-2010 petitioner filed Ext.P4, application to review that order posting Ext.P3, application on 03-11-2010 and to advance hearing of the application. According to the learned counsel for petitioner the court said that Ext.P3, application will be considered on 03-11- 2010 but without recording any reason for that. Learned counsel contends that under Order XI Rule 2 of the Code of Civil Procedure the application to serve interrogatories is to be disposed of within seven days from the day of filing of the application which has not been done in this case.

(2.) ASSUMING that application for serving interrogatories ought to have been disposed of within seven days as learned counsel contends and that has not been done, it is not as if the application has been dismissed by the learned Sub Judge. That application also is posted to be taken up on 3/11/2010 on which day the case is posted for trial in the list. At this stage, I do not find reason to interfere with the order posting Ext.P3, application for hearing on 3/11/2010, nor with order on Ext.P4, application for review. If petitioner wants to summon documents which are allegedly in the custody of respondents, it is up to him to move appropriate application before the learned Sub Judge and if any such application is filed, necessarily learned Sub Judge will consider that application and pass appropriate orders as circumstances warranted. In the circumstances no interference is required in the matter. This petition is closed.