SUBAIDA Vs. P.M. HAMEED, AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Perused Ext.P1, the impugned order.

(2.) Petitioner is the 1st defendant in O.S.No.11 of 2015 before the Sub Court, Vadakara. 1st respondent is the plaintiff in the suit. Suit is one for specific performance and other reliefs. The petitioner filed an application under Order 11, Rule 1 CPC (Ext.P2) permitting him to serve interrogatories on the plaintiff. Admittedly, the trial in the suit has started and witnesses have been examined. At that time, the court below dismissed the application with following directions:

(3.) On going through the above excerpted observations, I am of the view that there is no illegality or impropriety in the order passed. The purpose of serving interrogatory is to minimise the scope and cost of evidence. There is no point in serving interrogatories in the middle of examination of the witnesses. Therefore, the court below rightly rejected the prayer.