PITTALA NARSAIAH Vs. DONTHARABOINA JANAKAMMA

JUDGEMENT

(1.) This is a revision petition filed by the first defendant in O.S.No.260 of 2004 on the file of the Junior Civil Judge, Suryapet.

(2.) After service of notice, the second defendant remained ex parte and did not contest the suit. During pendency of the suit, against other defendants, an application, being I.A.No.56 of 2007, was filed by the plaintiff, under Order XI Rules 1, 2 and 22 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), praying the Court to serve interrogatories on the second defendant and the learned Junior Civil Judge allowed the said application. Being aggrieved by the same, the first defendant preferred the present revision, contending that the Court below has no jurisdiction to permit the plaintiff to serve interrogatories on the second defendant, who remained ex parte, and when the second defendant did not choose to contest the suit, there is no question of serving interrogatories on her. Therefore, the order passed by the learned Junior Civil Judge is not in accordance with the provisions of Order XI CPC and the said order is liable to be set aside.

(3.) Learned Counsel for the revision petitioner drew the attention of this Court to Order XI CPC and some decisions in support of his contention. Order XI Rule 1 CPC reads as follows: