MUDIMELA KONDA REDDY Vs. GONA NAGI REDDY

JUDGEMENT

(1.) Heard Sri K. Ramesh, representing Sri S.R. Sanku, learned Counsel for the revision petitioner. Though the respondents had been served, none represents the respondents.

(2.) This Court ordered notice before admission on 05.11.2007. The petitioner as plaintiff filed the present civil revision petition under Article 227 of the constitution of India being aggrieved of an order made in I.A. No. 126 of 2006 in O.S. No. 9 of 2006, dated 11.06.2007. The said application was filed under Order 11 Rules 8 and 11 r/w Section 151 of the Code of Civil Procedure (hereinafter in short referred 'the Code' for the purpose of convenience) praying for a relief to direct the respondents to report to the Court about the plinth area of respective portions and the floors in their occupation to whom they had leased out and how much rent they have been collecting and how much area is in their personal occupation etc., and the other particulars to enable the petitioner to claim mesne profits and pass such other suitable orders. The learned Judge referred to the judgment in Kuchimanchi Subba Rao v. Kanchana Prabhakara Rao 2006(1) Law Summary 465 and came to the conclusion that the application made is not in accordance with law and accordingly, dismissed the same. Aggrieved by the said order, the present civil revision petition is preferred.

(3.) Order XI of the Code deals with the discovery and inspection and Order XI Rule 1 of the Code deals with discovery by interrogatories. Order XI Rule 2 of the Code deals with the particular interrogatories to be submitted. Order XI Rule 3 of the Code deals with costs of interrogatories. Order XI Rule 4 of the Code dealing with form of interrogatories specifies that interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.