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1990 Supreme(Ori) 166

A.K.PADHI
BHAKTA CHARAN MALLIK – Appellant
Versus
NATAORAR MALLIK – Respondent


Advocates Appeared:
B.C.Dey, S.J.KENDRAPARA, S.K.DAS GUPTA

A. K. PADHI, J.

( 1 ) CHALLENGING the order rejecting the application for interrogatories under Order 11, Rule 1, C. P. C. the plaintiff has filed this Civil Revision. The suit is for partition.

( 2 ) IN the written statement the defendant took the stand that : (a) Some of the properties belonging to the joint family has been left out from hotchpot; (b) Properties alienated before filing of the suit have been included in the suit schedule; and (c) Some of the plots included in the suit schedule have been exclusively settled in the names of the defendants.

( 3 ) PLAINTIFF filed a petition under Order 11 Rule 1, C. P. C. calling upon the defendants to answer the interrogatories on the ground that the averments in the written statement are vague. The three interrogatories which the plaintiff prayed to be served on the defendants are :- (I) "what other joint family properties have been left out from the suit as stated by you in para 5 of your written statement and the detailed descriptions? (II) Have you sold any land out of the suit properties? Give the name and address of the purchasers, the dates of sales and the properties sold? (III) That in para 15 of your written statement you








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