LAWS(APH)-2009-3-24

REDDY LABORATORIES LIMITED Vs. Y SRINIVASA RAO

Decided On March 17, 2009
REDDY LABORATORIES LIMITED Appellant
V/S
Y SRINIVASA RAO Respondents

JUDGEMENT

(1.) DR. Reddy's Laboratories Limited, hyderabad, filed the present civil revision petition under Article 227 of the Constitution of India being aggrieved of an order made in i. A. No. 431 of 2005 in O. S. No. 88 of 2003 on the file of the Judge, Family Court-cum-Additional Chief Judge, City Civil Court, Secunderabad.

(2.) THE said application was filed under order XI Rule 1 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as "the Code" for the purpose of convenience) praying permission of the Court to deliver interrogatories in writing for examination of the respondent-plaintiff. The learned Judge, after formulating the point for consideration at para 4, referred to the Order made in C. R. P. No. 411 of 2006, dated 09-02-2007, by this Court, further referred to the portions of the pleadings, the issues settled and also referred to the decision in Smt. P. Seethamma and others v. P. Ramakrishna Reddy and others (1997 (1) ALT 322) and Rajnarain v. Indira Nehru gandhi ( (1972) 3 SCC 850) and ultimately came to the conclusion that the application to be allowed. Aggrieved by the same, the present civil revision petition had been preferred.

(3.) SRI B. Nalinkumar, learned counsel representing revision petitioner had taken this Court through the respective stands taken by the parties and also the findings recorded by the learned Judge and would maintain that without proper application of mind and without recording reasons whether these specific interrogatories are relevant in relation to the questions in controversy involved in the matter had allowed the said application and, hence, the order cannot be sustained. The learned counsel also pointed out to the order made in C. R. P. No. 411 of 2006. The learned counsel also placed the orders made in I. A. Nos. 518, 512, 511, 510, 509, 508, 507, 506, 505, 504, 503, 502, 501 of 2005 in O. S. No. 88 of 2003 and also the written statements, certificates, letters, accounts, re-remand case diary, F. I. R, letters to Post-Master and other relevant documents before this Court.