O.11, rule-1 of the c.p.c
Adv M.D.Azhar
(Querist) 01 November 2014
This query is : Resolved
sir, weather application of interrogatories can be given before framing the issues to the suit? If the application is granted and questions have been delivered more then one set, or to the more then one defendant at once, then such questions are advisable for reply? court has not been specifically held that, defendant here by directed to reply the interrogatories. In the absence of the specific order, we are bound to reply? Moreover after passing the order, we can make the application to the court u.o.11,r.6 of the C.P.C.
ROHIT SHARMA
(Expert) 02 November 2014
1. Yes, application for interrogatories can be given before framing of the issues.
2. Yes, the respondents are legally bound to answer to the set of questions posed in such interrogatories or else they will be deemed as admissions.
3. Yes, court's leave is needed before such interrogatories can be served upon the respondent or the plaintiff.
V R SHROFF
(Expert) 02 November 2014
YES, ADVISED CORRECTLY BY SHRI ROHIT
M V Gupta
(Expert) 03 November 2014
I agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
The application under the said provision of law can be moved before framing of issues. However the court has to pass orders on the said application confirming the prayer of the petitioner upon which the respondent/defendant is obliged to give a written reply to the interrogatories.
An application on a affidavit under order 11 rule 6 can very well be moved after the court has passed the order on application under order 11 rule 1. You may visit the said provision for the grounds on which such application may be moved before the court.
