M K ISSAC Vs. STATE OF KERALA

JUDGEMENT

(1.) LEARNED Special Government Pleader for forest takes notice for respondents.

(2.) EXT.P8, order dated November 25, 2010 on I.A.No.121 of 2010 in O.S.No.37 of 2009 of the court of learned Munsiff, Punalur is under challenge at the instance of plaintiff in the suit. Petitioner/plaintiff sued for a declaration that no portion of the suit property is part of reserve forest in view of to the title, possession and adverse possession of petitioner and his predecessor-in-interest and for other reliefs. Respondents resisted the suit by EXT.P5, written statement. While so, petitioner filed EXT.P6, application in the court below on 16-01-2010 seeking leave of the court to deliver interrogatories on respondents.Learned Munsiff has passed EXT.P8, order posting I.A.No.121 of 2010 (for leave to deliver interrogatories) along with the suit. Learned counsel for petitioner contends that the order defeats the very purpose and object of delivering interrogatories as provided under Order XI of the Code of Civil Procedure (for short, "the Code"). Learned counsel has also referred to me page 638 of Mulla on the Code of Civil Procedure, 7th Edition, Volume II, where it is stated, quoting - Balan Vs. Central Bank of India, Calicut (AIR 2000 Kerala 24) that,