respondent submitted that in the present case the
ld. Arbitrator has allowed the interrogatories to be served and the same was
objected by the respondent ... permitting interrogatories. The court can be a bit liberal in
admitting interrogatories at initial stage but the same standards cannot be
allowed at the advance
application under Order XI Rule 1 and 2 CPC to
deliver the interrogatories filed by the appellants was dismissed.
2. I have heard the learned ... which is a substantive
provision confers power to allow interrogatories to be served to
the respondent and direct answering the same. Section
discovery of documents. Order 11 of Code
of Civil Procedure allows interrogatories to be administered in writing by either
party to suit with permission ... leave shall be given as to such only of the interrogatories.
Interrogatories cannot be allowed to be delivered in case they are in the
nature
tends to shorten litigation. As a general rule, the interrogatory
should be allowed, whether the answer to them would either
SUIT No. 263/2008 Page ... Calcutta High Court laid
down the principle as to when interrogatories is to be allowed and
observed that the administering of interrogatories
facilitate the proof of his own case.
However, the power to allow interrogatories to be administered by one party to
another is always subject ... discretion of the court. The discretion extends to
allowing or refusing particular interrogatories. It is well settled that
interrogatories must be confined to the matters
disclosed calling for the review of the order dated 09.12.2006.
The allowing of interrogatories is a matter of discretion
of the Court. The Court ... Rule 1 & 2 CPC . In any case even if interrogatories
had been allowed unless and until that part of the
interrogatories were included
Justice Dr. M.K.
Sharma, allowed the interrogatories as mentioned at Sr. No. 1012
vide orders dated 25.08.1998. It has been argued further that ... defendant no. 1 in the form of affidavit in response to the
interrogatories which were supplied to him in consequence of the
orders dated
Calcutta- 6
wherein the Hon'ble Court examined the interrogatories and
allowed relevant one and disallowed the other one.
12. Counsel for petitioner/applicant ... case was again listed for
reply to the interrogatories. I have perused the interrogatory
application. The same admittedly, was moved after filing of the
evidence
Defendant no.2 to
answer the interrogatories. On 17.05.2024, learned Counsel for
Defendant no.2 objected to the interrogatory (b) and (c) by which
Plaintiff ... communication related to the impugned mark.
6. After hearing submissions, the interrogatories were allowed except
for the interrogatory (b), (c), (d) and (k). Defendant
tends to shorten litigation. As a
general rule, the interrogatory should be allowed, whether the answer
to them would either strengthen the case ... served with
interrogatories, will then answer the interrogatories on affidavit. The
party, who has been served with interrogatories, will then answer the
interrogatories on affidavit
