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2007 Supreme(AP) 1036

Andhra Pradesh High Court
SRI JUSTICE P.S.NARAYANA
Mudimela Konda Reddy. -Appelant
versus
Gona Nagi Reddy and others. -Respondent
CPR No. 3850 of 2007
Decided on : 26-11-2007

Advocates:
Advocate Appeared
Counsel for the Petitioner: Sri S.R.Sanku.
Counsel for the Respondents: None appeared.

Headnote:Civil Procedure Code 1908-Order 11 Rules 8 and 11 r/w Section 151- Filing of petition under Rules 8 and 11 r/w Section 151 for a direction to respondents to report to Court giving details of construction, lease, rent and occupation, in order to enable petitioner to claim mesne profits- Dismissal of petition on ground that it was not made in accordance with law- Petitioner is expected to follow procedure contemplated under Order 11- Impugned order not suffering from any illegality- Petition dismissed [Para 5]

ORDER

Heard Sri K. Ramesh, representing Sri S.R.Sanku, learned counsel for the revision petitioner. Though the respondents had been served, none represents the respondents.

2. This Court ordered notice before admission on 05.11.2007. The petitioner as plaintiff filed the present civil revision petition under Article 227 of the constitution of India being aggrieved of an order made in I.A.No.126 of 2006 in O.S.No.9 of 2006, dated 11.06.2007. The said application was filed under Order 11 Rules 8 and 11 r/w Section 151 of the Code of Civil Procedure (hereinafter in short referred 'the Code' for the purpose of convenience) praying for a relief to direct the respondents to report to the Court about the plinth area of respective portions and the floors in their occupation to whom they had leased out and how much rent they have been collecting and how much area is in their personal occupation etc., and the other particulars to enable the petitioner to claim mesne profits and pass such other suitable orders. The learned Judge referred to the judgment in KUCHIMANCHI SUBBA RAO v. KANCHANA PRABHAKARA RAO1 and came to the conclusion that the application made is not in accordance with law and accordingly, dismissed the same. Aggrieved by the said order, the present civil revision petition is preferred.

3. Order XI of the Code deals with the discovery and inspection and Order XI Rule 1 of the Code deals with discovery by interrogatories. Order XI Rule 2 of the Code deals with the particular interrogatories to be submitted. Order XI Rule 3 of the Code deals with costs of interrogatories. Order XI Rule 4 of the Code dealing with form of interrogatories specifies that interrogatories shall be in Form No.2 in Appendix C, with such variations as circumstances may require. Form Nos. 1 & 2 of Appendix C of the Code are as hereunder: DISCOVERY, INSPECTION AND ADMISSION NO.1 ORDER FOR DELIVERY OF INTERROGATORIES (O.XI, r. 1) In the Court of ...... Civil Suit No. of 19../20.. A.B......... ..Plaintiff. against C.D.E.F. and G.H. ..Defendants. No.2 INTERROGATORIES (O.XI R.4) (TITLE AS IN NO.1, SUPRA) Interrogatories on behalf of the above-named (plaintiff or defendant C.D) for the examination of the above-named (defendants E.F. and G.H. or plaintiff)

1. Did not, etc.

2. Has not etc., etc., etc., etc., (The defendant E.F. is required to answer the interrogatories numbered.......) (The defendant G.H. is required to answer the interrogatories numbered..........) Rule 6 of Order XI of the Code deals with objections to interrogatories by answer. Rule 7 of the said order deals with setting aside and striking out interrogatories. Rule 8 of the said order deals with affidavit in answer, filing. Rule 9 of the said order dealing with form of affidavit in answer states that an affidavit in answer to interrogatories shall be in Form No.3 in Appendix C, with such variations as circumstances may require. Form No.3 of Appendix C of the Code is as hereunder: No.3 ANSWER TO INTERROGATORIES (O.XI r.9) (Title as in No.1, supra) The answer of the above-named defendant E.F. to the interrogatories for his examination by the above-named plaintiff. In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows:- 1.} } Enter answer to interrogatories in paragraphs numbered consecutively. 2.}

3. I object to answer the interrogatories numbered..... on the ground that (state grounds of objection). Order XI Rule 11 of the Code deals with order to answer or answer further, reads as hereunder:

"Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct". Further, Rule 13 of the said orde













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