T S SRIDHAR Vs. YOUNG MENS INDIAN ASSOCIATION

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order rejecting the request of the plaintiffs in so far as granting leave to deliver interrogatories on the first respondent / first defendant to answer the same.

(2.) The plaintiffs are the revision petitioners. They filed a suit for declaration and injunction. The defendants/respondents filed a written statement. Issues were framed and trial was completed. During cross examination of D.W.1, certain questions were put to him with regard to the building belonging to the first defendant. D.W.1 had given answers to the same. Not satisfied with the answers, the plaintiffs filed an interlocutory application to summon the Administrative Officer to let in evidence. The summoned witness did not produce the documents and failed to answer properly. Hence, an application under Order 11 Rule 1 of Civil Procedure Code seeking leave from the Court to serve the interrogatories and to get answer for them.

(3.) The respondents have objected the application on the ground that the plaintiffs want the answers in a way which is beneficial to them and to support their case. Pleadings were completed, issues framed, trial completed and final arguments are about to commence and that the application was filed with an ulterior motive to protract the proceedings and therefore, the application is not maintainable.