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SANJAY VASHISTH
Sanjiv Deepak Rahis @ Sanjiv Deepak Rais – Appellant
Versus
Rishab Rai Rahis – Respondent
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,
The purpose of Order XI Rules 1 and 2 CPC is not aimed at filling up the lacuna at a belated stage.
The main legal point established in the judgment is that the purpose of providing the procedure of discovery by interrogatories in the CPC is to shorten the litigation, enable a party to obtain an ad....
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
The court affirmed its discretion under Order X of the CPC to order oral examination of parties for clarity in responses to interrogatories concerning defamation claims, rather than using more severe....
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