T.P.S. Mann, J.:- A suit for the recovery of Rs.1,40,000/- as principal amount and Rs.75,600/- as interest thereon, besides future interest on the basis of pronote and receipt dated 4.6.2004 was filed by Suresh Kumar-respondent against Major Singh-petitioner. After his service in the suit, the petitioner filed his written statement wherein he denied the execution of any pronote/receipt by him in favour of Suresh Kumar as, according to him, he never borrowed any amount from him. Further, the alleged pronote and receipt were totally false, fabricated and fictitious documents. The respondent then filed his replication wherein he reiterated about the, execution of pronote and receipt by the petitioner of having borrowed an amount of Rs. 1,40,000/- from him.

2. Simultaneously with the written statement, the petitioner had also filed application dated 22.9.2007 praying for grant of relief to deliver the interrogatories upon the respondent for his examination under Order XI Rule I C.P.C. The respondent opposed the said application on the ground that it had been filed for the sole purpose of delaying his well merited claim, based on pronote and receipt, besides diverting the attent