Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - For obtaining discovery of facts which constitute exclusively the evidence of adversary's case or title - Cannot be administered...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Whether the interrogatory is material or not can be tested only with reference to the pleadings and the issues involved and the stage of the suit...........
Civil Procedure Code, 1908, Order 11, Rule 6, 7 -- Interrogatories which do not relate to any matters in question in the suit, have to be deemed to be irrelevant notwithstanding that they might be admissible during the oral cross-examination of a witness under the Evidence Act...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Interrogatories should be closely related to the matter in question in the suit - Lower Court did not refer to any of the interrogatories sought to be delivered and whether they are related to the matter in question - Order passed contrary to law laid down in O.11.Rr.1, 2 CPC - Not legal - Matter remitted..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Have to bear a reasonably close connection with the matters in question - Interrogatories are to be allowed whenever the answer to them will serve either to help the party in proving his case or to destroy the case of the adversary - Possible objections specifically mentioned in O.11.R.6 CPC have also to be..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Entire evidence led - Suit pending at the stage of rebuttal evidence - Interrogatories served at this stage - Once evidence has been led, there is very little to be recorded in evidence - Serving interrogatories then will not serve any purpose - Very purpose of interrogatories at this stage is frustrated...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories when entire evidence of parties has been led and suit listed for evidence of plaintiff in rebuttal - Very purpose of interrogatories at this stage is frustrated - Fishy interrogatories will not be proper - Order allowing interrogatories - Set aside...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories, serving of - Has to be encouraged - A means of getting admission and tends to shorten litigation, precipitates the controversy and helps Court to come to a rightful conclusion - Purpose of interrogatories - To know nature of opponent's case before hand as to what he is to meet at the hearing - Interrogatories..........
Civil Procedure Code, 1908, Order 11, Rule 1, 12, 13 -- Suit for maintenance - Interrogatories and inspection of documents with respect to financial status of husband - Such inspection and interrogation is extremely relevant to decide quantum of maintenance - Non filing of written statement by defendant - Not a ground to deny application...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Before dismissal of suit conditions to be fulfilled are : (a) There must be an order to answer interrogatories, or for discovery or inspection; (b) If the plaintiff fails to comply with the order, the suit is liable to be dismissed for want of prosecution; (c) The party seeking discovery or inspection must apply to the..........
