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VAIBHAVI D. NANAVATI
DEEPAK KOTHARI – Appellant
Versus
OMNILSM TECHNOLOGIES PVT. LTD. – Respondent
ORDER :
1. By way of present petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.06.2018 passed by the learned Chamber Judge, City Civil Court, Ahmedabad, below Exh.22 in Special Civil Suit No. 2752 of 2015, whereby an application filed by the respondent herein-original plaintiff under Order XI Rule 1 of the Code of Civil Procedure, 1908 has been allowed.
2. The brief facts leading to the filing of the present petition reads thus:
2.2 The petitioner was employed with the respondent company vide employment agreement dated 02.04.2012. It is the case of the respondent company that
The main legal point established in the judgment is that the purpose of providing the procedure of discovery by interrogatories in the CPC is to shorten the litigation, enable a party to obtain an ad....
Defendants must provide complete and truthful responses to interrogatories; failure to comply with court orders justifies correction by higher courts.
The duty of the court to actively seek the truth and the power of interrogatories to narrow the issues and make the trial less time-consuming.
The purpose of Order XI Rules 1 and 2 CPC is not aimed at filling up the lacuna at a belated stage.
The court affirmed that interrogatories are relevant for adjudication and should not be obstructed by technical objections, enhancing the efficiency of trials.
The main legal point established in the judgment is that the opposite party has the right to oppose the grant of leave to serve interrogatories, and the court is not proscribed from issuing notice on....
A party must specify deficiencies in answers to interrogatories clearly; viva voce examination is only warranted in exceptional cases where evasive tactics are employed.
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