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P. KRISHNA KUMAR
DASAN S/O PARAMESWARAN – Appellant
Versus
YATHRA, A REGISTERED PARTNERSHIP FIRM – Respondent
JUDGMENT :
P. KRISHNA KUMAR, J.
1. The plaintiff, who filed a suit for the recovery of money from a registered partnership firm engaged in the business of transport service, delivered interrogatories for the discovery of facts related to the suit when the defendants denied the plaint claim. Alleging that certain defendants did not fully answer the specific questions put to them while answering the interrogatories through Ext. P4 affidavit, the plaintiff further filed Ext.P12 application under Order XI Rule 11 read with Order XIX Rule 2 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) for viva voce examination of the defendants.
2. The Sub Court dismissed the said application as per Ext.P13 order by finding that the plaintiff did not specifically state to which question the answers are incomplete or contradictory. The plaintiff challenges the said order by preferring the present original petition.
3. The petitioner contends that as he has no documentary evidence to prove the plaint claim, it is highly necessary to get proper and precise answers to the interrogatories originally submitted and thus viva voce examination of the respondents is unavoidable. The responde
A party must specify deficiencies in answers to interrogatories clearly; viva voce examination is only warranted in exceptional cases where evasive tactics are employed.
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....
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....
The court affirmed that interrogatories are relevant for adjudication and should not be obstructed by technical objections, enhancing the efficiency of trials.
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.
A trial court must provide reasoned justification for dismissing discovery applications, ensuring fair trial rights through proper procedural adherence.
The purpose of Order XI Rules 1 and 2 CPC is not aimed at filling up the lacuna at a belated stage.
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