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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
A.K. Sreemathi – Appellant
Versus
Dr. K.S Mohan – Respondent
| Table of Content |
|---|
| 1. background of partition suit and rejected interrogatories. (Para 1 , 2) |
| 2. parties' conflicting arguments on relevancy. (Para 3 , 4) |
| 3. prior direction binds; details must be furnished. (Para 5 , 6 , 7) |
| 4. inconsistent stands require interrogatory answers; petition allowed. (Para 8 , 9) |
J U D G M E N T
This original petition is filed challenging Ext.P11 order by which the prayer to deliver interrogatories was rejected by the Sub Court, Thalassery, in O.S No.40/2014. The suit is one for partition. During the pendency of the suit, it appears that the petitioner had filed I.A No.512/2016, requiring to direct the 2nd defendant to furnish details of certain documents. The said application was dismissed on 27.02.2017. The said order was challenged in O.P.(C) No.1412/2017 before this Court. The challenge was upheld and Ext.P6 judgment was rendered, holding that no prejudice will be caused the defendant, if the details are furnished. Therefore, a direction was issued to the 2nd defendant to furnish the details sought for or to file an affidavit. In pursuance to the said direction, Ext.P7 affidavit was filed by the 2nd defendant stating that the documents are not in her poss
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