INDER KRISHAN MEHTA Vs. KEWAL KRISHAN MEHTA

JUDGEMENT

(1.) ORDER dated 6.2.2013 vide which application of the defendant, petitioner herein under Order XI Rule 1 read with Section 151 CPC for discovery by interrogatories for examination and production of documents was dismissed, is under challenge in this revision petition.

(2.) THIS litigation between two advocate brothers is regarding interpretation of family settlement dated 28.2.2001. Whereas the plaintiff, petitioner herein, claims 1/2 share of the property in dispute, the defendant, respondent herein, claims that the said settlement never intended to partition the property. The suit is pending adjudication since 23.11.2011. The trial court had found that application for discovery by interrogatories, was not required as only the interpretation of the document which is in the nature of a family settlement dated 28.2.2001, was involved.

(3.) IN this revision petition, claim of the petitioner -plaintiff is that the defendant/respondent herein is dilly -dallying the matter and is not acting upon the family settlement. It is claimed that discovery by interrogatories would have resulted in shortening the litigational field between the parties.