SHOBARANI Vs. SMT.MALTI BAI

JUDGEMENT

(1.) These Miscellaneous Petitions are filed b the defendant, being aggrieved of order dtd. 3/7/2018 and 13/3/2018, respectively, passed by learned II Civil Judge, Class-II, Khandwa (M.P.), in Civil Suit No.258-A/2016 & Civil Suit No.259- A/2016, whereby, application under Order 11 rule 1 of Code of Civil Procedure (hereinafter referred to as 'CPC' for short), moved by the defendant was rejected by the trial Court observing that since case was already fixed for evidence of the plaintiff and her affidavit in lieu of oral evidence was already filed, thus, there was no justification in filing application under Order 11 rule 1 CPC after ten months of filing of the affidavit of examination-in-chief, without cross-examining the plaintiff. Thus, recording a finding that since crossexamination of the plaintiff is pending, rejected the application under Order 11 rule 1 CPC.

(2.) Reliance is placed by Shri Zargar on the judgment of a Coordinate Bench in Poonam Mansharamani (Smt.) v. Ajit Mansharamani [I.L.R. (2016) M.P. 2999], wherein it is held that issues can be framed on the basis of interrogatories and trial Court was required to examine whether the interrogatories have reasonable close connection with "matter in question". Thus, Coordinate Bench remanded the matter to the trial Court.

(3.) Shri Ashish Shroti, Advocate, for respondents supports the impugned order.