Wijesekere V. Eastern Bank

1941 Present: Wijeyewardene and Nihill JJ

WIJESEKERE v. EASTERN BANK.

37-D. C. Colombo, 11,188.

Interrogatory-Legitimate use of interrogat07'ies-Proof of facts relevant to a fact in issue-Not allowed to establish facts otherwise relevant,

The legitimate use of interrogatories is to obtain for the party interrogating admissions of fact relevant to a fact in issue or leading up to a matter in issue.

If the object of serving interrogatories is to obtain facts which it is not incumbent upon the party interrogating to prove in order to establish his case but which are otherwise relevant such interrogatories should not be allowed.

APPEAL from an order of the District Judge of Colombo.

H. V. Perera, K.C. (with him. E. F. N. Gratiaen), for defendant, appellant.

N. Nadarajah, for plaintiff, respondent.

Cur. adv. vult.

November 14, 1941. NlHILL J.

This is an interlocutory appeal from an order of the District Judge of Colombo dated February 17, 1941 which under section 100 of the Civil Procedure Code directed the Manager of the Eastern Bank in Colombo to answer certain interrogatories.

The matter arose in this way. The respondent to

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