RAJIV KUMAR AGRAWAL Vs. JITENDRA NARAYAN AGRAWAL

JUDGEMENT

(1.) Heard Mr. Dhrub Narain, learned senior counsel appearing for the petitioners in CWJC No. 24380 of 2013 who are plaintiffs in the suit, Mr. Mrigank Mauli, learned counsel appearing for the respondent nos. 1 to 3 who are defendants in the suit and petitioners in CWJC No. 8703 of 2015 and Mr. Suresh Prasad Singh No. 1 for the plaintiff-respondent no. 1 and 2 in CWJC No. 8703 of 2015.

(2.) The subject matter of the two writ petitions is the order dated 1.11.2013 passed by the learned Sub - Judge - I, Begusarai in Title (Partition) Suit No. 188 of 1997, whereby the learned trial court while considering 333 interrogatories served by the deceased defendant no. 1 on the plaintiff-petitioner. in CWJC No. 24380 of 2013 has found 172 interrogatories worthy of answer by the plaintiffs while rejecting the rest 161 holding them vexatious and not relevant to the issues involved and while the plaintiffs are before this Court questioning the order in so far as the trial court has allowed 172 interrogatories to be answered by them, on the other hand the defendants have questioned the rejection of the 161. interrogatories.in the second writ petition i.e. CWJC No. 8703 of 2015.

(3.) Since the parties to the dispute and order under challenge is common in the two writ petitions hence they have been heard analogous and with the consent of the parties, are being disposed of at the stage of Admission itself.