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ARUN MONGA
Pritam Lal Bali @ Pitamber Lal Bali – Appellant
Versus
Rewa Pati – Respondent
| Table of Content |
|---|
| 1. permit legal representation of deceased parties. (Para 1) |
| 2. no notice needed as no prejudice arises. (Para 2 , 3) |
| 3. interrogatories must be clear and correctly formatted. (Para 4 , 5) |
| 4. mixing interrogatories with documents causes confusion. (Para 6 , 7) |
| 5. petitioners granted opportunity to rectify application. (Para 8) |
| 6. conclusion: petition allowed as advised. (Para 9 , 10) |
JUDGMENT
Arun Monga, J. (Oral)
CM-812-CII-2023
This is an application filed under Order 22 Rules 2, 3 and 11 of the Code of Civil Procedure for bringing on record legal representatives of deceased plaintiff/petitioner No.7, namely, Smt. Ram Devi, who died on 10.10.2020. The legal representatives of deceased-petitioner No.7 are mentioned in para No.2 of the application.
For the reasons stated therein, application is allowed, as prayed for, subject to all just exceptions. Amended Memo of Parties is taken on record.
Main case
Petition herein is for quashing an order dated 05.12.2022 (Annexure P-7) whereby the application under Order 11 Rules 11, 12 & 14 filed by the plaintiff/petitioners herein for interrogatories, has been dismissed.
2. Given the nature of order being passed, there is no necessi
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....
Procedure is handmaid of justice; delay in substituting legal representatives of deceased defendant condoned where death notice dubious, no timely objection by defendants, preventing harsh abatement.
Trial court cannot dismiss application under Order XXII Rule 4 CPC hyper-technically for omitted date of death or incomplete legal representatives list; must ascertain facts, implead missing parties ....
A party must specify deficiencies in answers to interrogatories clearly; viva voce examination is only warranted in exceptional cases where evasive tactics are employed.
The main legal point established in the judgment is that the opposite party has the right to oppose the grant of leave to serve interrogatories, and the court is not proscribed from issuing notice on....
The court affirmed that interrogatories are relevant for adjudication and should not be obstructed by technical objections, enhancing the efficiency of trials.
Interrogatories must be relevant to the matters in question and can be allowed even after a previous application is dismissed if based on changed circumstances.
The court has the discretion to allow the bringing on record of legal representatives of a deceased party in a legal proceeding.
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