RAM CHANDRA CHOUDHURY Vs. BALLYGUNGE ESTATES LIMITED

JUDGEMENT

(1.) This is a petition for revision of an order passed by the Third Subordinate Judge, Alipore. The order complained of was passed on October 1, 1953, on the application of the Plaintiff, directing only one of the interrogatories to be answered by the Plaintiff. The matter arises in this way.

(2.) This suit was filed by the Plaintiff for recovery of Rs. 19,891 in the court of the Third Subordinate Judge, Alipore. On September 21, 1953, an application was made by the Defendant under Rules 1 and 2 of Order XI of the Code of Civil Procedure for directing the Plaintiff to answer the interrogatories annexed to the petition. It appears that a copy of the petition was served on the Plaintiff but the Plaintiff was not present at the hearing of that application. The learned Subordinate Judge allowed the prayer of the Defendant and the Plaintiff was directed to answer the interrogatories, on oath, by October 1, 1953. On October 1, 1953, the Plaintiff made an application to the court objecting to the said interrogatories. The said application was heard by the then learned Subordinate Judge and by his order dated January 21, 1954, the learned Subordinate Judge directed that the Plaintiff should answer only one of such interrogatories. It is against that order that the present application has been made.

(3.) The learned advocate for the Petitioner contends before us that the order was passed without jurisdiction. He further contends that the interrogatories, which his client wanted the Plaintiff to answer, were all pertinent to the case and should have been ordered. As for jurisdiction, the learned advocate contended before us that an order having already been made on September 21, 1953 the learned Subordinate Judge had no jurisdiction to make the present order dated October 1, 1953, on the application of the Plaintiff. We are unable to accept this contention.