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2005 Supreme(All) 142

DEVI PRASAD SINGH
SULTAN LEATHER FINISHERS P LTD – Appellant
Versus
A D J – Respondent


Advocates:
Manish Kumar, Mohd.Saeed,

DEVI PRASAD SINGH, J.

( 1 ) THE present writ petition has been filed under Article 226/227 of the Constitution of India against the Impugned order dated 10th November, 2003, passed by 4th Additional District Judge, unnao, rejecting the petitioners application (paper No. Ga-94) which the defendant petitioner had moved under Order XI of the Code of Civil Procedure for discovery by interrogatories.

( 2 ) A preliminary objection has been raised in the present writ petition as to whether the impugned order by which petitioners application moved under Order XI of the Code of Civil procedure for discovery by interrogatories being rejected by trial court shall be amenable to jurisdiction under Article 227 of the Constitution of India? Whether a revision under Section 115 of the Code of Civil Procedure shall be maintainable against the impugned order?

( 3 ) THE brief fact of the case is that the opposite party No. 2 had filed a Regular Suit No. 150 of 2000 before the Civil Judge, Senior Division, Unnao for recovery of certain amounts as per schedule A annexed with the plaint along with interest. Petitioner is a registered company engaged in the business of manufacturing the finished leather.




















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