Chatoor V. General Assurance Society, Ltd.

1954 Present: Nagalingam S.P.J. and Fernando A.J.

A. S. CHATOOR, Appellant, and GENERAL ASSURANCE
 SOCIETY, LTD., Respondent

S. C. 103 Inty.-D. C. Colombo, 27,216 M
 

Interrogatories-Use thereof to obtain admissions.

Interrogatories may be administered in order to enable the party interrogating to ascertain what the case is he has to meet or what really are the matters in issue.

Plaintiff, an insurance company, instituted action for the recovery of a certain sum of money against the defendant who,at the dates material to the action, held its power of attorney as chief agent -in Ceylon. One cause of action

proceeded on the basis that the defendant had authority to effect covernates and to issue policies of insurance thereon on behalf of the plaintiff company. Without any averment to the contrary and without even a suggestion of impropriety on the part of the defendant in effecting a cover note and issuing certain policies in pursuance of the cover, plaintiff suddenly made allegations of fraud and illegality on the part of the defendant in effecting the cover and issuing the policies.

Held, that, in order to prevent

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