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VIVEK AGARWAL
Shobarani – Appellant
Versus
Malti Bai – Respondent
ORDER
1. These Miscellaneous Petitions are filed b the defendant, being aggrieved of order dated 3.7.2018 and 13.3.2018, respectively, passed by learned II Civil Judge, Class-II, Khandwa (M.P.), in Civil Suit No.258-A/2016 & Civil Suit No.259-A/2016, whereby, application under Order 11 rule 1 of Code of Civil Procedure (hereinafter referred to as 'CPC' for short), moved by the defendant was rejected by the trial Court observing that since case was already fixed for evidence of the plaintiff and her affidavit in lieu of oral evidence was already filed, thus, there was no justification in filing application under Order 11 rule 1 CPC after ten months of filing of the affidavit of examination-in-chief, without cross-examining the plaintiff. Thus, recording a finding that since crossexamination of the plaintiff is pending, rejected the application under Order 11 rule 1 CPC.
2. Reliance is placed by Shri Zargar on the judgment of a Coordinate Bench in Poonam Mansharamani (Smt.) v. Ajit Mansharamani [I.L.R. (2016) M.P. 2999], wherein it is held that issues can be framed on the basis of interrogatories and trial Court was required to examine whether the interrogatories have reasonable close
The court affirmed that interrogatories are relevant for adjudication and should not be obstructed by technical objections, enhancing the efficiency of trials.
A party must specify deficiencies in answers to interrogatories clearly; viva voce examination is only warranted in exceptional cases where evasive tactics are employed.
A trial court must provide reasoned justification for dismissing discovery applications, ensuring fair trial rights through proper procedural adherence.
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....
The Court emphasized that the provision under Order VII Rule 11 of the CPC provides for the rejection of a plaint based on limited grounds, and issues requiring analysis of evidence or constituting t....
The court emphasized that the scope of judicial inquiry under Order VII Rule 11 of the CPC is limited to examining the averments made in the plaint and that issues requiring analysis of evidence cann....
The purpose of Order XI Rules 1 and 2 CPC is not aimed at filling up the lacuna at a belated stage.
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