GHANASHYAM DAS TEKRIWAL Vs. JAYANTI TIWARI AND ORS.

JUDGEMENT

(1.) Assailing the order dated 21.2.2009 passed by the learned Civil Judge (Jr. Divn.), Panposh, Rourkela in C.S. No.45 of 2007, the instant petition has been filed under Article 227 of the Constitution of India. By the said order, learned trial court rejected the application filed by the plaintiffs under Order 11 Rule 1 C.P.C. for a direction to the defendant nos.1 to 3 to answer the interrogatories.

(2.) The petitioner as well as opposite party nos.5 to 9 as plaintiffs instituted C.S. No.45 of 2007 in the court of the learned Civil Judge (Jr. Divn.), Panposh, Rourkela for declaration of right, title and interest and permanent injunction impleading the opposite party nos.1 to 4 as defendants. The plaintiffs filed an application under Order 11 Rule 1 C.P.C. for a direction to the opposite party nos.1 to 3 to answer the interrogatories put by them. The same was objected by the defendants. By order dated 21.2.2009, learned trial court rejected the application on the ground that the question sought for in the interrogatories can be very well put in crossexamination by the plaintiff.

(3.) Heard Mr. Anupam Das, learned counsel, appearing on behalf of Mr. G. Mishra, learned counsel for the petitioner and Mr. Piyush Kumar Mishra, learned counsel for the opposite party nos.1 to 4.