Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 14.12.2009 (Annexure P -8) passed by learned Additional Civil Judge (Sr. Divn.), Malout, vide which permission has been granted to Plaintiff -Respondent No. 1 to deliver the interrogatories for examination of Defendant No. 9 -Petitioner.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial court. It has been vehemently contended by learned Counsel for the Petitioner that application to answer the interrogatories has not been filed by Respondents -Plaintiff in accordance with Order XI Rule 1 of the Code of Civil Procedure (for short 'the Code') and that trial court vide impugned order dated 14.12.2009 has directed the Petitioner to answer the interrogatories without passing any speaking order in terms of Order XI Rule 2 of the Code.
(3.) IT is pertinent to reproduce Order XI Rules 1 and 2 of the Code: 1. Discovery by interrogatories. -In any suit the Plaintiff or Defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer; Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross -examination of a witness. 2. Particular interrogatories to be submitted. -On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court and that Court shall decide within seven days from the day of filing of the said application. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissible, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly or for saving costs.;