BISHESWAR BHATTACHARJEE Vs. SHANTIMOY BHATTACHARJEE

JUDGEMENT

(1.) The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations in a joint written statement. After the framing of the issues the plaintiffs served interrogatories upon the defendants on 26 September 1996. They were asked to answer them on 6 October 1996. In the meantime the defendants sought extension of the time which was allowed upto 13 October 1996. On 13 October 1996 the defendants made a further prayer for extension of time. On the same day the plaintiffs also made an application for striking out the defence under Order 11, rule 21 of the Code of Civil Procedure. The court did not pass any order thereupon but allowed time to the defendants to reply to the interrogatories on 26 October 1996 in obedience o the order of the court the defendants answered the interrogatories on the date fixed.

(2.) The plaintiffs application for striking out the defence was ultimately taken up for hearing on 17 November 1996. After hearing the parties the learned Subordinate Judge rejected it, holding that the requirement of Order 11, rule 8 to answer interrogatories was directory and that there was no failure on the part of the defendants to comply with the order of the court.

(3.) Against this order one of the plaintiffs (the present petitioner) preferred FMA No. 27 of 1997 to the High Court Division. A learned Single Judge of the High Court Division, by judgment and order dated 24 August 1998, dismissed the appeal and affirmed the order of the trial Court.