JUSTICE RAJIV SAHAI ENDLAW
1. Whether reporters of Local papers may
be allowed to see the judgment? Yes
2. To be referred to the reporter ... trial court dismissing the application for interrogatories is set aside. The
application for serving interrogatories is allowed. The interrogatories no.21 and
22 which were
rate, at this stage it is not
necessary to allow interrogatories to be served which will also have
the effect of further prolonging the litigation ... serving interrogatories it ought to be allowed. The
question whether interrogatories must be allowed to be served on
the party must be decided
order that learned Sub Judge being convinced that interrogatories are
relevant has allowed the application (seeking leave of the court for serving
interrogatories on petitioner ... interrogatories are relevant. Learned
Sub Judge has observed that considering the rival contentions, the request for
leave to serve interrogatories is to be allowed
witnesses,
documents and the like. As a general rule, therefore, interrogatories are to
be allowed whenever the answer to them will serve either to help ... evidence, then serving of interrogatories will not
serve any purpose Fishy interrogatories will not be proper. The
very purpose of interrogatories at this stage
Calicut , AIR 2000 Kerala 24, it was held that the
interrogatories are to be allowed whenever the answer to them will serve
either the party ... witnesses, documents and the
like. As a general rule, therefore, interrogatories are to be
allowed whenever the answer to them will serve either to help
petitioners before me challenging Ext.P3, order refusing leave to serve
interrogatories on respondents/plaintiffs. The latter filed ... controversy and
for convenience of adducing evidence it was necessary that interrogatories are
allowed to be served on the respondents. It is contended that
been withdrawn by him.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
After seeking
reply, vide orders dated 16.3.2005, the plaintiff was
allowed to serve interrogatories upon the defendant,
which were served. Defendant did not reply
interrogatories
Kerala 24) that,
"As a general rule, interrogatories are to
be allowed whenever the answer to them will
serve either to maintain the case ... Code states that on an application for leave to deliver
interrogatories, the particular interrogatories proposed to be
delivered shall be submitted to the court
witnesses, documents and the like. As a
general rule, therefore, interrogatories are to be allowed
whenever the answer to them will serve either to help ... order therefore, refusing leave to
deliver interrogatories and for discovery of documents
on the ground that the interrogatories and the documents
SBSWP NO.8628/2008