Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - When here are number of interrogatories, Court cannot dismiss application on the ground that some of the interrogatories are fishing in nature - In such case, Court has to categorically refer to interrogatories which were fishing in nature and reject the same while allowing others which are relevant to the..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision is intended to curtail evidence thereby expediting trial of suit, saving time of Court and costs of litigation to the parties - They have to be liberally used and parties have to be encouraged to use them in the course of trial...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Should be allowed, whether answer to them would either strengthen the case of party administering them or to destroy the case of adversary - Court should not be hyper-technical at the stage of service of interrogatories...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties - Inquiry is limited to ascertain..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non compliance of order - Court is not given discretion U.O.11.R.21 CPC to dismiss the suit for non prosecution or strike out the defence in case of non compliance of the order of production - U.O.11.R.21 CPC there are three grounds only upon which a Court can strike out the defence of a..........
Civil Procedure Code, 1908, Order 11, Rule 1, 11 -- Interrogatories - Answer is to be way of affidavit - In case of an objection that any answer given is insufficient said aspect has to be determined by Court - Party interrogating has to apply to Court in that regard - Court cannot of its own determine the aspect of insufficiency of an answer in absence of any grievance in..........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Documents sought not relevant for the issue in hand - No attempt made to show how these documents are required in the context of the issue in hand - Held, it is not appropriate to permit to serve the interrogatories...........
Hindu Marriage Act, 1955, Section 24, 25, 26, 27, Civil Procedure Code, 1908, Order 19, Rule 1 -- Maintenance - Affidavit - If a party made concealment or false statement in his/her affidavit, opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement - Aggrieved party may also..........
