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The view taken by that court was that this cannot be done in a revision petition filed under Section 115. Civil P. C. As against this, the learned counsel for the petitioner relied upon the Judgment of the Judicial Commissioner's Court of Nagpur in AIR 1934 Nag 181 (Shamrao v. Motiram). In that case it was stated that :

"The order of the lower court under Order 11, Rule 11. asking to make sufficient answers amounts to a case decided and if there has been a material irregularity in allowing interrogatories which are not necessary either for disposing fairly of the suit or for saving costs it is necessary to intervene to prevent injustice being done."