HIGH COURT OF DELHI
MAMTA – Appellant
Versus
RISHIPAL – Respondent
CM(M)-265/2022
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 signed Judgement.
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CM(M) 265/2022Page 2 of 8
of the CPC, question the necessity of responding to one or more of the
interrogatories served on him.
3.
As this is the limited issue that arises for controversy, the
factual dispute in the present case need not detain this court.
4.
An application was preferred, by the petitioner, as the plaintiff
before the learned Additional District Judge (“the learned ADJ”), in
CS DJ 10/2021 (Mamta v. Rishipal), under Order XI Rule 1 of the
CPC, to serve interrogatories on the defendant. The application came
up for hearing on 15th March, 2022, when the defendant submitted that
he had not received any copy of the application and that, before
granting leave to serve interrogatories on him, it was necessary that a
copy of the application be supplied to him. The plaintiff, per contra,
submitted, before the learned ADJ that the prayer for grant of leave to
serve interrogatories had necessarily to be decided ex parte and that
the defendant was not entitled to receive any copy of the application
before an order granting leave to serve interrogatories was passed.
He, however, cited, in this context, two decisions of pre-CPC vintage,
namely Shamkissore Mundle v. Hosheebhoosun Biswas 1 and Prem
Shukla v. Indra Nath2.
5.
The learned ADJ observed that these decisions had been
rendered in the 19th century, prior to the coming into force of the CPC
and could not, therefore, be treated as authorities on the ambit of
1 ILR (1880) 5 Cal 707
2 (1891) 18 Cal 420
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001146
CM(M) 265/2022Page 3 of 8
Order XI Rule 1. The learned ADJ also noted that, in Centrient
Pharmaceuticals Netherlands B.V. v. Dalas Biotech Ltd.3, this Court
had dismissed the application for seeking leave to serve
interrogatories after hearing both parties.
6.
The learned ADJ also noted the wording of Order XI Rule 2 of
the CPC, which reads thus:
"On an application for leave to deliver interrogatories, the
particular interrogatories proposed to be delivered shall be
submitted to the Court and that court shall decide within
seven days from the day of filing of the said application. In
or any of them, and leave shall be given as to such only of the
interrogatories submitted as the Court shall consider
necessary either for disposing fairly of the suit or for saving
costs".
(Emphasis supplied)
7.
Relying on the italicised words in Order XI Rule 2, the learned
ADJ observed that the requirement of the Court, in taking a decision
on the application seeking leave to serve interrogatories, having to
take into account any offer made by the party sought to be
interrogated to deliver particulars make admission or produce
docum