DINESH MEHTA
Govind Narayan S/o Shri Jorawar Nath Nagda – Appellant
Versus
Nagendra Nagda S/o Shri Ghanshyam Lal Bhatt – Respondent
The legal document concerns a petition under Article 227 of the Constitution of India challenging an order passed by the trial court rejecting an application to admit interrogatories in a civil suit for rendition of accounts and permanent injunction related to a partnership firm.
The key points are as follows:
The application to admit interrogatories was filed by the defendants with the aim of expediting the suit and clarifying facts relevant to the dispute (!) (!) . The trial court rejected this application after a lengthy consideration, primarily on the grounds that the questions posed were not relevant or would not contribute to a quicker resolution of the case, especially given the stage of the proceedings (!) (!) .
The petitioners argued that the purpose of interrogatories is to facilitate effective and expeditious disposal of the suit by obtaining admissions that can narrow down issues (!) (!) (!) . They contended that the rejection of their application was unjustified and that the order was non-speaking and lacked proper reasoning (!) (!) (!) .
The respondents' counsel maintained that the order was within the court’s discretion, and that the questions were either irrelevant or could be asked during cross-examination, thus not warranting a separate order to admit interrogatories (!) (!) .
The court observed that the application had been pending for a long period (since 2004) and that most of the questions related to land ownership, which were not directly relevant to the core issue of the suit—accounting and partnership disputes (!) (!) (!) .
The court emphasized that the purpose of interrogatories is to shorten litigation and that their relevance must be carefully considered, especially at advanced stages of proceedings where evidence has already been recorded (!) (!) (!) .
The court also noted that the questions could be posed during cross-examination and that the right to ask questions remains unaffected by the rejection of the application (!) (!) .
Ultimately, the court found no error or arbitrariness in the trial court’s order and dismissed the petition, concluding that the order was just, proper, and within the bounds of judicial discretion (!) (!) .
In summary, the court upheld the trial court’s exercise of discretion in rejecting the application for interrogatories, considering the stage of the suit, the relevance of the questions, and the potential for questions to be asked during evidence. The petitioners’ right to question witnesses during cross-examination remains intact, and the order under challenge was not found to be arbitrary or capricious.
1. The supervisory writ jurisdiction of this Court, under Article 227 of the Constitution of India has been invoked by the petitioners, oppugning the order dated 21.05.2016 passed by the learned Additional District Judge No.2, Udaipur (hereinafter referred to as the Trial Court), whereby an application under Order XI Rule 1 read with Section 151 of the Code of Civil Procedure, seeking leave to admit interrogatories has been rejected.
2. The facts in a nutshell, within the confines of the application under consideration and order passed pursuant thereto are that the plaintiffs- respondents No.1 to 4 filed a suit for rendition of accounts and permanent injunction against the petitioner – defendants, having control over the partnership business of a firm known as ‘Hotel Vinayak’.
3. The plaintiffs and defendants, with a view to carry on hotel business, formed a partnership firm by executing a partnership deed dated 09.03.1990. The said firm predominantly comprised of brothers and sisters, out of whom Govind Narayan, the defendant No.1, – became a Managing partner and the firm came into existence with effect from 01.02.1989.
4. With the passage of time, there developed certain d
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.