CM(M) 265/2022Page 1 of 8

$~3(Appellate-2022)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) 265/2022 & CM No. 14383/2022, CM No.14384/2022

MAMTA

..... Petitioner

Through:

Mr.Mukesh Rana, Adv.

versus

RISHIPAL

..... Respondent

Through:

None

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

JUDGMENT (ORAL)

%

28.03.2022

1.

The issue that arises for consideration in this case is as to

whether, prior to granting leave to serve interrogatories on the

opposite party, the Court is proscribed, in law, from issuing a notice of

the application seeking leave to serve interrogatories, calling for a

response from the opposite party on the application.

2.

The contention of Mr. Mukesh Rana, learned Counsel for the

petitioner is that leave has necessarily to be granted, on an application

preferred under Order XI Rule 1 of the Code of Civil Procedure, 1908

(CPC), seeking leave to serve interrogatories, ex parte, and that, at

that stage, the opposite party has no right to oppose grant of leave. It

is only after the interrogatories are served on the opposite party,

according to him, that the opposite party may, under Order XI Rule 6

This is a digitally si