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Interrogatories help in shortening trial. The court needs to consider whether the matters as sought for are relevant and if they relate to the matter in question in the suit

Interrogatories help in shortening trial. The court needs to consider whether the matters as sought for are relevant and if they relate to the matter in question in the suit

Job Jose vs Sudharman

Kerala HC

19/06/2018

O.P.(C) No.2678 of 2017

About/from the judgment:

Code of Civil Procedure, 1908 - Order XI Rule 1 - Interrogatories help in shortening trial. The court needs to consider whether the matters as sought for are relevant and if they relate to the matter in question in the suit.

 

Code of Civil Procedure, 1908 - Order XI Rule 1 - Mere fact that application was filed earlier seeking to deliver interrogatories, is not a ground for dismissing the application.

 

A bare reading of the first proviso reveals that more than one set of interrogatories could be served, the only restriction being that it can be done only with the permission of the court. The Code gives power to the Court to grant permission to deliver further interrogatories in appropriate cases. The court shall consider the relevancy of the interrogatories and pass appropriate orders. The mere fact that application was filed earlier seeking to deliver interrogatories, is not a ground for dismissing the application.

 

Code of Civil Procedure, 1908 - Order XI Rule 1 - Mere fact that questions could be put to witness at the time of cross examination is not a ground to deny serving of interrogatories.

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