JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The scope and ambit of Explanation to Order XVII Rule 2 of the Code of Civil procedure, 1908 (in short the Code ) falls for determination in these appeals.

3. As the issues are primarily legal, detailed reference to the factual aspects would be unnecessary. Factual background in a nutshell is as follows:

Alleging that the appellant, a leading businessman, was subjected to torture by various police officials (the respondents herein), a writ petition was filed before the Andhra Pradesh High Court by appellant s son who alleged that he had no knowledge about the whereabouts of his father; who was tortured by police officials. The writ petition was disposed of by the High Court granting liberty to the petitioner to take such legal steps against the respondents for his alleged wrongful confinement. The suit O.S. No. 117/1992 was filed before the Subordinate Judge, Chittoor claiming damages, on 15.4.1992. Written statement was filed on 12.4.1993. On 8.7.1997 the evidence on the petitioner s side was closed. On 15.11. 1998 the evidence on behalf of the respondents was also closed and the matter was posted for arguments. In the meantime, app