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1993 Supreme(Ker) 333

K.P.BALANARAYANA MARAR
Yusuff – Appellant
Versus
Central Bank of India – Respondent


Judgment :-

Revision Petitioners are the defendants in a suit for realisation of money. Respondent Bank filed O.S.168 of 1989 before Sub Court, North Paravur for realisation of amounts due as per a term loan advanced by the bank for purchase of a Ford Truck manufactured by M/s Simpson & Co., Madras. A petition was filed by defendants as LA. 693/91 seeking permission to serve interrogatories. The Bank filed LA. 873/91 to set aside the interrogatories. By order dt.31-10-1992 the court below directed the respondent to furnish answers to the interrogatories. A verified statement is alleged to have been filed by the Branch Manager of the Bank purporting to be the answers to the interrogatories. Alleging that the answers to some of the questions are evasive and incomplete, revision petitioners moved the court below by I.A.5101/92 under R.21 of O.11 C.P.C. to have the suit dismissed for want of prosecution. The petition was opposed by the plaintiff-respondent who inter alia contended that R.21 of O.11 can be invoked only if the party has failed to comply with the order to answer interrogatories. It was stated that the questions themselves were evasive and incapable of being answered excep











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