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2021 Supreme(Del) 917

AMIT BANSAL
Tara Batra – Appellant
Versus
Punam A Kumar – Respondent


Advocates appeared:
Ms. Diya Kapur & Mr. Raghav Anand, Advocates, for the Petitioner; Mr. Naveen Kumar Chaudhary, Advocate, for the Respondent No. 1; Mr. Bheem Sain Jain, Advocate, for the SBI; Ms. Diya Kapur & Mr. Raghav Anand, Advocates, for the Petitioner in CM(M) 581/2020 & CM No. 29582/2020 (for stay); Mr. Naveen Kumar Chaudhary, Advocate, for the Respondent No. 1 in CM(M) 581/2020 & CM No. 29582/2020 (for stay)

JUDGMENT

Amit Bansal, J. - Both these petitions are between the same parties and are based on common questions of fact arising out of the same suit and are therefore, being disposed of by this common judgment.

2. CM(M) 925/2019 is a petition under Article 227 of the Constitution of India preferred by the petitioner, who is the plaintiff no.1 in CS(OS) No. 58999/2016, against the dismissal dated 10th July, 2017 of the application filed by the petitioner under Order XI Rule 1 of the Civil Procedure Code (CPC) seeking leave to administer interrogatories on respondent no.2 bank (defendant no.2 before the Trial Court).

3. CM(M) 581/2020 is a petition under Article 227 of the Constitution of India preferred by the petitioner, against the impugned order dated 11th February, 2020 whereby the two applications filed on behalf of the petitioner under Order XI Rules 12 and 13 of the CPC seeking discovery on oath and production of documents were dismissed.

4. The plaint from which the present petitions arise was filed by the petitioner and respondents no.3 and 4, being children of the petitioner, for declaration, recovery and rendition of accounts, pleading that (i) the petitioner was the divorced

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