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Showing contexts for: answer interrogatories in Shree Vijaya Fabrics Thr Vimlawanti ... vs Shivani Khanna & Anr on 23 September, 2021Matching Fragments
"Order XI "6. Objections to interrogatories by answer. - Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, [or on the ground of privilege or any other ground ], may be taken in the affidavit in answer.
4. The above provisions have been interpreted by this Court in a catena of judgments (see Sharda Dhir Vs. Ashok Kumar Makhija and Ors. MANU/DE/1021/2002, Canara Bank Vs. Rajiv Tyagi & Association & Anr. ILR (2010) III Delhi 270 and Transport Corporation of India vs. Reserve Bank of India MANU/DE/2499/2017). I have, in a recent judgment in Tara Batra Vs. Punam A. Kumar & Ors. MANU/DE/1968/2021, while following the previous judgments of this Court, held that Courts while deciding an application seeking leave to administer interrogatories have to only consider whether the interrogatories sought to be administered have any bearing on the case. The Courts have to be liberal and not hyper- technical in allowing the use of interrogatories as the interrogatories help shorten the controversy between the parties and hence, reduce the time taken for the trial. It has also been held that once the interrogatories are served upon the party, the said party has to answer the interrogatories on affidavit and in the said affidavit, objections can be raised on the ground that the said interrogatories are scandalous or not relevant for the purposes of the suit. It is at that stage, that the Courts have to consider which of the questions in the interrogatories the party should be compelled to answer.
5. I have perused the impugned order passed by the Trial Court. After relying upon judgments passed by this Court, the Trial Court has observed that the interrogatories sought to be served on the petitioner/defendant are relevant for the adjudication of the case and accordingly the application was allowed with a direction to the petitioner/defendant to answer the interrogatories within a period of six weeks. While answering the interrogatories on affidavit, the petitioner/defendant can object to answering any particular interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit or on the ground that the interrogatories sought to be served are not material at that stage of the suit or are privileged.
6. There is no infirmity in the impugned order. The present petition is disposed of with a direction to the petitioner/defendant to answer the interrogatories by filing affidavit in terms of Order XI Rules 8 and 9 of the CPC within four weeks from today. In the said affidavit, the petitioner/defendant can raise objections in respect of individual interrogatories in terms of Order XI Rule 6 of the CPC. Thereafter, the Trial Court would have the power to decide on the aforesaid objections, if any, taken to any of the interrogatories and the sufficiency or otherwise of the answers given to the interrogatories.