party
who in spite of an order omitted to answer or answered
insufficiently interrogatories, or answer further the
interrogatories as the case may be. Concededly ... obstinate conduct on the part of the party
concerned in answering interrogatories. In this case affidavit
dated 09.10.2009 shows that respondent was not able
leave to serve
interrogatories on the first respondent (interrogatories required
to be answered as seen in pages 91 onwards of the paper book ... interrogatories when delivered shall have a note at the foot
thereof stating which of such interrogatories each of such
persons is required to answer
served on the respondent. As stated in the written statement
he answered interrogatories stating that plaint A schedule belonged to
Kunhumohammed @ Bava and Kunhibeevi Umma ... information
goes. Pursuant to the answer to the interrogatories petitioner filed I.A.No.584 of
2010 to delete the issue regarding non-joinder
COPY OF IA. 4529/11 FOR DIRECTION TO DEFENDATS TO ANSWER
INTERROGATORIES DTD. 26.7.11.
P6;- COPY OF COUNTER AFFIDAVIT SUBMITTED BY DEFT ... 6331/12 FILED BY COUNSEL FOR DEFENDANTS SEEKING TIME TO
ANSWER INTERROGATORIES. DTD. 12.11.12.
P8:-COPY ORDER IN IA.4528/11 DTD. 2.11.12.
P9:- COPY
order passed by
the court below directing petitioners to answer the interrogatories
served on them. Pursuant to that order petitioners filed Ext.P2,
affidavit ... that answers are vague. Hence they filed
I.A.No.6915 of 2009 to direct petitioners to give specific answers to
the interrogatories. Learned
such parties or, allegation made in
the pleadings or in answers to interrogatories stated in the suit or the contents
of documents produced by either
that application, according to respondent No.2 giving
appropriate answers for the interrogatories and opposing request
for permission to serve it. Learned District Judge vide ... interrogatories find its answer in the plaint itself and, atleast to
some of queries the affidavit of respondent No.2 gives answers. If
any further
petitioners before me challenging Ext.P3, order refusing leave to serve
interrogatories on respondents/plaintiffs. The latter filed ... 28498/2010
2
2. The first question sought to be answered in interrogatory raised in
Ext.P1, application is whether
leave has not been obtained before serving interrogatory cannot be sustained.
3. Next question is whether interrogatories are relevant. Learned
Sub Judge has observed that ... execution of the documents and transaction does not
prevent him from answering the interrogatories. Learned Sub Judge has
exercised discretion in favour of allowing
Munsiff
dismissed that application observing that interrogatories sought to be delivered
on respondent and required to be answered by it are wholly irrelevant to decide ... scope of
pleadings of the parties. A party by getting answers on interrogatories cannot
set up a defence which he has not taken
