LAWS(BOM)-2018-12-164

SHRIKISAN RATANLAL VYAS Vs. VIJAYANTI HARNAMDAS GURENASINGANI

Decided On December 13, 2018
Shrikisan Ratanlal Vyas Appellant
V/S
Vijayanti Harnamdas Gurenasingani Respondents

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) RULE. Rule made returnable forthwith.

(3.) The respondent Nos. 1 and 2 / original plaintiffs have filed civil suit praying for decree for specific performance of the contract and damages or in the alternative for refund of the amount of consideration, interest and damages. The trial of civil suit progressed, issues were framed and the plaintiffs sought adjournment for filing affidavit in lieu of the evidence. Then the plaintiffs filed application (Exh.83) under Order XI Rules 1 and 2 of the Code of Civil Procedure seeking permission to deliver interrogatories to the defendant No.1, and praying that the defendant No.1 be directed to answer the same on oath. This application is allowed by the impugned order.