JOB JOSE Vs. SUDHARMAN

JUDGEMENT

(1.) Application seeking permission to serve interrogatories under Order 11, Rule 1 of the Code of Civil Procedure (herein after referred to as the 'Code'), was dismissed by the court below for the reason,

(2.) Both the reasons given by the court below are not sustainable as is explicit from the provisos to Order 11, Rule 1. It is relevant to refer to them, and are extracted hereunder.

(3.) A bare reading of the first proviso reveals that more than one set of interrogatories could be served, the only restriction being that it can be done only with the permission of the court. The Code gives power to the Court to grant permission to deliver further interrogatories in appropriate cases. The court shall consider the relevancy of the interrogatories and pass appropriate orders. The mere fact that application was filed earlier seeking to deliver interrogatories, is not a ground for dismissing the application. The Bombay High Court in M/s. Kishorilal Babulal v. Ramlal Ganeshprasad Tiwari and Ors. AIR 2014 Bombay 19 held thus,