OMEGA CROWN Vs. THOMSON

JUDGEMENT

(1.) The respondent filed OS No. 637 of 2008, Principal Sub Court, Thrissur, against the petitioner claiming compensation. The petitioner is a builder. The respondent alleged that while constructing a multi - storied building, the petitioner removed earth from the property to a depth of 40 feet which resulted in the damage to the house of the respondent / plaintiff.

(2.) A commissioner was appointed to assess the damages. An expert Engineer was also appointed. The relevant documents were not produced by the petitioner before the Commissioner and therefore, the Commissioner could not report the relevant details before the Court.

(3.) The respondent / plaintiff was, therefore, constrained to file IA No. 9803 of 2010 under R.1 of Order XI of the Code of Civil Procedure to direct the defendant to answer the interrogatories mentioned in the IA. The Court below found that the interrogatories are relevant for the adjudication of the disputes involved in the case and that the defendant is bound to answer those interrogatories. That order is under challenge in this Original Petition.