The purpose of Order XI Rules 1 and 2 CPC is not aimed at filling up the lacuna at a belated stage.

SANJAY VASHISTH, J.

1. Petitioner/Defendant No. 1 – Sanjiv Deepak Rahis @ Sanjiv Deepak Rais, has filed the present revision petition, under Article 227 of the Constitution of India read with Section 115 of the CPC, for setting aside impugned order dated 15.05.2019 (Annexure P-6), passed by the Court of learned Civil Judge (Junior Division), Rohtak, whereby application under Order XI Rules 1 and 2 CPC, filed by him, was dismissed.

For convenience, parties to the lis, hereafter shall be referred to as their original position in the suit.

2. Brief facts of the case are that plaintiff (Rishab Rai Rahis), who is residing in United States of America, instituted a Civil Suit No. 658 of 2010/2015, through his Special Power of Attorney, namely, Gulshan Rai Narang, against the defendants, namely, (1) Sanjiv Deepak Rahis and (2) Sudha Popli. By way of said suit, plaintiff has sought relief of declaration alongwith permanent injunction on the ground that he is son of Sunil Kumar Rahis and grandson of Ram Parkash Rahis, while defendant No. 1 is son and defendant No. 2 is daughter of said Ram Parkash Rahis. Father and grandfather of the plaintiff expired on 08.09.1994 and 22.05.2003, respectively, leaving behind certain properties, as detailed in para Nos. 3 and 4(a) & (b) of the plaint. Plaintiff claimed that he is entitled to his share in the suit land, which is the family properties of the parties to the suit. He is entitled to his share in the properties left by his father as well as grandparents.

3. Defendants contested the suit. In the written statement filed by defendant No. 1, he raised specific preliminary objection No. 4 regarding concealment and intentionally suppressing of true facts that mother of the plaintiff, namely, Smt. Urmila, at the time of divorce with Sunil Kumar Rahis (father of the plaintiff), had received Rs.3,00,000/- in lump-sum towards dowry articles and permanent maintenance etc. Further, an amount of Rs. 1,50,000/- was deposited for plaintiff (who was then minor), towards share in all properties. Said amount deposited qua the share of plaintiff in the shape of FDR was subsequently got encashed after he attained maturity. Thus, defendant No. 1 opposed the claim of the plaintiff of having any right in the properties/assets left behind by his father (Sunil Kumar Rahis) and grandfather (Ram Parkash). Contents of preliminary objection No. 4 of the written statement filed by defendant No. 1, reads as under:-

“4. That the plaintiff has concealed and intentionally suppressed the true facts. The agreement of compromise was executed on 6.7.1993 by Smt. Urmila mother of plaintiff with her husband Sunil Kumar at the time of divorce which was duly signed by mother of plaintiff and also Gulshan Rai Narang his maternal uncle and who has now filed this suit as Power of attorney of plaintiff. The mother of plaintiff had received Rs. 3,00,000/- in lump sum towards dowry articles, and permanent maintenance etc. and it was further agreed that a sum of Rs.1,50,000/- was deposited for Plaintiff (then minor son of Urmila) towards share in all the properties. But the plaintiff and his power of attorney Sh. Gulshan Rai Narang, have not disclosed this fact in the plaint as required under the provisions of CPC. So the suit is liable to be dismissed on this ground.”

4. After leading and closing of plaintiff’s evidence, six witnesses were also examined by the defendants. At that stage, on 13.03.2015 (Annexure P-3), an application under Order XI Rules 1 and 2 CPC, was instituted by defendant No. 1, for putting the interrogatories for its answer to the plaintiff. To cut short, defendant No. 1 wants that alleged two queries/interrogatories be responded by the plaintiff. Two interrogatories, as proposed in the said application (Annexure P-3), are reproduced hereunder:-

“a. Is it not a fact that the mother of the plaintiff Smt. Urmil received the amount of Rs.1,50,000/- from Sunil Kumar her husband and father of plaintiff toward share in the property