The court affirmed its discretion under Order X of the CPC to order oral examination of parties for clarity in responses to interrogatories concerning defamation claims, rather than using more severe measures available under Order XI.

JUDGMENT (Oral)

1. The petitioner, as the defendant before the learned Principal District and Sessions Judge ("the learned Pr DSJ") in CS 204/2019, is aggrieved by order dated 15th March, 2022, passed by the learned Pr DSJ on applications filed by the respondent (the plaintiff before the learned Pr DSJ) under Order X and Order XI Rule 21, of the Code of Civil Procedure, 1908 ("the CPC").

2. The petitioners are the sisters of the respondent. Their brother, Ravi Menon, died interstate on 29th October, 2015. A partition suit (CS (OS) 6/2016) was instituted by the petitioners against the respondent, in which a preliminary decree came to be passed on 14th December, 2016, followed by a final judgment dated 30th January, 2017.

3. Thereafter, the petitioners are stated to have addressed a communication dated 6th March, 2018, which constituted the provocation for the filing of CS 204/2019 by the respondent against the petitioners. The respondent alleged that the letter dated 6th March, 2018, contained certain assertions which were ex facie defamatory qua the respondent, in which, inter alia, embezzlement of large amounts of money by the respondent was alleged. It was further alleged that the petitioner had circulated the said communication thereby irreparably damaging the reputation of the respondent. Alleging that the petitioners had thereby committed tortious defamation, the respondent, in his suit, claimed damages to the tune of Rs.75,00,000/- along with pendente lite and future interest, and costs.

4. During the course of the proceedings in the aforesaid suit, the petitioner filed an application seeking interrogatories under Order XI Rules 1, 2 and 4, read with Order XI, Rule 12 of the CPC, 1908. The interrogatories framed in the application were the following:

"i. Did you not issue and address Letter/representation dated March 6, 2018 written and signed by both of you and/or on behalf of, Ms. Nalini Menon, addressed to Mr. Rakesh Kumar, Chairman, India Exposition Mart Limited and/or to India Exposition Mart Limited with the Subject as "Misuse of Mart No. B 02/30 at IEML complex by David John";

ii. Do you not keep a copy of said Letter/representation dated March 6, 2018 in your custody, power and possession;

iii. Did you not receive an acknowledgement stamp of India I Exposition Mart Ltd./it's official on the said Letter/representation dated March 6, 2018 and did you not keep I the same in your custody, power and possession;

iv. Did you, not issue and address Letter/representation dated February 25, 2018 written and signed by both of you and/or on behalf of Ms. Nalini Menon, addressed to Mr. Rakesh Kumar, Chairman, India Exposition Mart Limited and/or to India Exposition Mart Limited;

v. Do you not keep a copy of said Letter/representation dated February 25, 2018 in your custody, power and possession;

vi. Did you not receive an acknowledgement stamp of India Exposition Mart Ltd./it's official on the said Letter/representation dated February 25, 2018 and did you not keep the same in your custody, power and possession;

vii. Has not any court of law passed any order to the effect that the Plaintiff has done any embezzlement and that a decree to this effect has also been issued by Hon'ble Chief Justice G. Rohini of the High Court of Delhi."

5. The petitioners filed affidavits on 25th August, 2021, resp