K. P. MOHAPATRA, J.

( 1 ) THIS is a petition by the plaintiff for examination of defendant No. 1 on delivery of interrogatories under O. 11, Rr. 1 and 2 of the Civil P. C. ('code' for short ).

( 2 ) IT is stated in the petition that in the plaint he has averred in para 24 that defendant 1 is a joint tort-feasor along with defendants 2 and 3. Defendant 1 in para 9 of the written statement has denied that it has anything to do with the libellous and offending articles published in the Illustrated Weekly of India dt. 18-24 May, 1986 and has any control over the contents of the magazine in keeping with the freedom of editor to publish what he considers fit. In para 10 of the written statement it specifically denied, its responsibility for payment of damages as a joint tort-feasor. In para 36 (b) of the written statement it denied that defendant 2 had printed and/or caused to be printed the offending articles in the press belonging to defendant 1. In para 36 (d) it further denied that being the employer of defendant 2 it is liable for damages for libellous and offending articles printed/published/circulated by defendant 2 within the ambit of his employment. On account of these denials