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2018 Supreme(Bom) 1397

S.B.SHUKRE
Sunetrabai Wd/o. Vinayakrao Buty – Appellant
Versus
Bharat Furniture, A Partnership Firm – Respondent


Advocates Appeared:
For the Petitioner:Shri. R.M. Sharma, Advocate
For the Respondents:Shri. P.N. Kothari, Advocate

JUDGMENT :

1. Heard. Rule. Rule made returnable forthwith.


2. Heard finally by consent.

3. An application filed under Order 11 Rule 1 C.P.C. for discovery of facts by interrogatories (Exh.21) by the petitioner who is the original plaintiff has been rejected by the trial Court by the order passed on 20th February, 2018. The trial Court has expressed an opinion that out of two interrogatories delivered, one was already answered by giving an admission in that regard and the second interrogatory amounted to an attempt to prove the case of the plaintiff through the adversaries like the respondents. Therefore, the trial Court was of the view that this was not permissible under Order 11 Rule 1 of C.P.C. and rejected the application.

4. Shri RM. Sharma, learned counsel for the petitioner submits that although the first interrogatory has already been answered by the respondents, second interrogatory has not been answered and since this interrogatory relates to a matter in question in the suit i.e. the exact location of the area in possession of the respondents and its boundaries and direction, the interrogatory is relevant and permissible under Order 11 Rule 1 of the C.P.C. He places his relia














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