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1976 Supreme(Pat) 222

HARI LAL AGRAWAL
Thakur Prasad – Appellant
Versus
Md. Sohayal – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. This application by a de-fendant is directed against an order of the learned Additional Munsif, refusing to serve interrogatories upon a defen-dant, namely, defendant No. 4, who had not entered appearance in the suit at all. The ground assigned by the learned Additional Munsif, however, is that, that would unnecessarily delay the disposal of the title suit which is of the year 1967.

2. That may be one of the grounds, but in my opinion there is yet another and stronger ground to maintain the order. The right of making discovery and inspection is given under O. XI of the Civil P. C. The main object of interrogatories is to save expenses and time by enabling a party to obtain from his opponent information as to facts material to the questions in dispute between them and to obtain admissions of any facts which he has to prove on any issue which is raised between them. An admission of the adversary will serve to maintain the case of the party administering the inter-rogatory or the answer might be destruc-tive of his own case. A party therefore who has not chosen to appear in the case and contest the plaintiffs suit can-not be asked either to discover any

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