JUDGMENT :

B.S. Chauhan, C.J. - This writ appeal has been filed against the Judgment and Order Dated 17.09.2008 passed by the Learned Single Judge in W.P.(C) No. 12844 of 2008 allowing the Writ Petition filed by the Respondent No. 1 against the Judgment and order of the Learned Civil Judge (Senior Division) dated 14.08.2008 passed in CM.A. No. 23 of 2008 (arising out of C.S. No. 47 of 2008) rejecting the application filed by the Respondent No. 1 under Order 11, Rule 1, read with Section 151 of the CPC (hereinafter called 'the C.P.C.').

2. The facts and circumstances giving rise to this case are that the Respondent No. 1 filed a suit being C.S. No. 47 of 2008 in the Court of the Learned Civil Judge (Senior Division), Rourkela along with an application under Order 39, Rules 1 and 2 of the C.P.C. seeking interim relief. During the pendency of the said application, Respondent No. 1 filed another application under Order 11, Rule 1 read with Section 151 C.P.C. seeking leave to deliver interrogatories in respect to Hal Khata No. 7, corresponding to Sabik Plot Numbers of the suit property i.e. Plot Nos. 302, 206 and 305 (p) if riot Plot Nos. 465, 466, 467, 468 and 469 and asking as to what w