PRABHAKARAN Vs. SAJINI

JUDGEMENT

(1.) Writ petition is filed seeking the following reliefs

(2.) Petitioner is the first defendant in O.S.No.100 of 2007 on the file of the Sub Court, Kozhikode. Suit is one for partition and the first respondent is the plaintiff and other respondents, codefendants in the suit. After the written statement was filed by the petitioner/ first defendant resisting the suit claim first respondent/plaintiff moved an application to serve interrogatories on the first defendant to elicit answers to some of the questions raised. Ext.P3 is the copy of that application to which the petitioner/first respondent filed Ext.P4 objections. Negativingthe objections raised by the petitioner court below directed him to answer the interrogatory. Since interrogatories were not answered as directed, on the application moved by the first respondent/plaintiff to struck off the defence, learned Munsiff after hearing both sides passed Ext.P11 order striking out the defence of the first petitioner/defendant for noncompliance of the order issued to answer the interrogatories under Ext.P3 application. Ext.P11 is the copy of that order. Propriety and correctness of P11 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India.

(3.) I heard the counsel for the petitioner and also the first respondent/plaintiff.