MARWARI COLLEGE & ANR. Vs. MD. SALAHUDDIN

JUDGEMENT

(1.) Heard Mr. Abhay Kumar, learned counsel for the petitioner and Mr. S.D. Sanjay, learned counsel for the respondents. This application under Article 227 of the Constitution of India has been filed for quashing the order dated 10.3.2011 passed by the learned Sub-Judge-1st, Kishanganj in Title Suit No. 4 of 1997 whereby the learned Court below upon failure of the defendant-petitioners to respond to the second set of interrogatories dated 26.9.2001 placed at Annexure-3 of the application, has been pleased to strike off their defence under Order 11 Rule 21 of the Code of Civil Procedure (hereinafter referred to as the 'Code').

(2.) The suit in question has been filed by the plaintiff-respondent Nos. 1 to 6 for declaration of title and possession over the suit land as well as for a declaration that the defendant 1st party i.e. petitioners herein are having no right, title and interest over the suit land and thus seeking the permanent injunction against the defendant restraining them from disturbing the possession of the plaintiffs over the suit property.

(3.) During the course of hearing an application under Order 11 Rule 4 of the Code was served in the form of interrogatories upon the defendants-petitioners placed at Annexure-1 requiring them to respond to the interrogatories enclosed with the application placed at Annexure-1. The defendants-petitioners responded to the same and which is placed at Annexure-2 of the application. Not being satisfied the plaintiffs filed another application stating the information provided by the defendant-petitioners as being vague, requiring them to again respond to the queries mentioned in the application dated 26.9.2001 placed at Annexure-3.