DCDRC Ahmedabad City (Main) to allow the
Applicant's advocate to file his Vakalatnama afresh, to allow the
Applicants to further proceed with ... lead evidence, cross examine the
Complainant/witness through interrogatories, allow the Applicants to
produce their documentary evidence along with written arguments
and also allow
learned counsel for the
petitioners submits that the District Commission while allowing
interrogatories has failed to appreciate certain material facts that the
complainant ... examination. Said application was partly allowed with the direction to
Revision Petition No.34 of 2021 6
furnish interrogatories to the counsel of complainants within
questionnaire was filed by the OPs,
which was allowed. Interrogatories were then filed by the OPs and
replied to by the Complainant. Written arguments were
directed the petitioner to submit
3
interrogatories and Respondent No.1 to submit reply affidavit to
the interrogatories.
6. This is now being challenged ... proceedings, but they
possess the discretion to allow interrogatories to ensure a fair trial.
Since, the application to cross examine is allowed only in cases
Misc.
Case, are that the opposite parties / petitioners wanted to put certain
interrogatories to these petitioners in C.D. Case ... brief,
C.P. Act and Consumer Regulation, 2005 are there to allow interrogatories. Challenging this orders, the opposite parties
of said C.D. case have
Short question for adjudication in this application is whether
the interrogatories can be allowed at this stage when the matter is ripe
for final hearing ... these two
provisions make it clear that the court can allow service
of interrogatories, at any stage of the suit, for which it
has been
appeared and the Complainant filed an
application for interrogatories. However, vide order dated
ALLOWED PAGE 6 OF 19
C/268/2008 MR. S.N. BHARGAVA ... application for interrogatories was not
allowed and dismissed by Learned Predecessor.
16. Thereafter, the Complainant again filed
an appeal No. 1532/2018 against the order
Forum could have permitted interrogatories on the basis of
affidavit tendered as evidence in examination in chief or could have allowed
cross examination relevant ... examination in chief. We therefore
direct the Learned District Forum to allow either interrogatories limited to
the facts stated in examination in chief affidavit
been withdrawn by him. Thereafter he had
requested that interrogatories should be allowed to deliver to one Shashi
Chhachiya, the Development Officer and that ... that
he should be permitted to deliver interrogatories to one Mr.Shashi Chhachiya,
Development Officer, that was allowed. This is the only ground mentioned
made in the affidavit. However, Learned District Forum
decided to allow only interrogatories on the ground that no valuable time
would be lost
