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P. C. BANERJI, PIGGOTT
Firm Bhagwan Das Gondka – Appellant
Versus
Firm Ram Kumar Ramesher Das – Respondent
JUDGMENT
1. This is an appeal against an order passed under Order XI, Rule 21 of the Code of Civil Procedure, dismissing a suit for want of prosecution, on the ground that the plaintiff had failed to comply with an order to answer interrogatories. The suit was between two trading firms and the claim was one for damages for breach of contract. The plaint was filed on the 15th of August 1917 and issues were fixed on the 10th of September 1917. On the 2nd of November 1917 the defendant put in a list of interrogatories, ten in number, and asked that the plaintiff be ordered to answer the same. This order was served on the plaintiff on the 12th of November 1917. Seven days later, that is to say on the 19th of November 1917, the plaintiff came into Court with a statement and affidavit in the course of which he answered the first two, and claimed to have also answered the third of the interrogatories. In respect of the remaining seven he objected that they were irrelevant to the issues for trial. This was an objection taken under Rule 6 of Order XI and it required adjudication by the Court. The learned Subordinate Judge seems to have thought that the only remedy open to the plaintiff, if h
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