JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Plaintiff applied for interrogatories against the 2nd Defendant under O 26 r 1 of the Rules of 2012 ("the Rules").

[2] The basis for the application according to the Plaintiff, was to narrow down the issues for an expeditious disposal of the trial.

The Plaintiff's Claim

[3] The Plaintiff's claim was basically aimed at the 1st Defendant who was his grandson to whom the Plaintiff had gifted a property with a condition that the property could not be used in any way for the benefit of the 1st Defendants' father who was the son of the Plaintiff.

[4] The property was duly registered in the name of the 1st Defendant who had subsequently allowed the property to be used as a security for an agreement between the 1st Defendant's father and the 2nd Defendant.

[5] The Plaintiff alleged that this was a moneylending transaction and the property gifted to 1st Defendant which was used as a security for the benefit of the 1st Defendant's father was in contravention of the condition imposed by the Plaintiff in transferring the property to the 1st Defendant.

[6] The claim against both the Defendants is to surrender the property back to the Plaintiff together wit