Interrogatories under order 11 of cpc...

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
My case is fixed up for Arguments for the first time but i have found a very strong evidence in my favor over the Internet which will go to the base of the case and make my case strong and much easy to explain.

1.Can i apply for interrogatories now before the commencement of the Arguments.

2.As this can be termed as 'Discovery and Production' should it be applied under some different Order of CPC .

Thanks...

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Devajyoti Barman (Expert) 06 December 2011
If the evidece is completed and the suit is fixed for argument then can not ask for inerrogatories anymore.
However if your suit was instituted before the year 2002 you may try to amend the plaint to lead that evidence.

Querist : Anonymous (Querist) 06 December 2011
The suit was instituted in November 2002 by him and my father was the Respondent . I was later on impleaded as LR in 2006.

niranjan (Expert) 06 December 2011
If you think that certain facts are within the knowledge of adverse party,you can submit interrogatories with the leave of the court. But you have said that you have found out something from net useful for your case,how it is relevant with the interrogatories? but if you want certain document in possession of the other party to be produced,then you can submit an application under O.11,rule 12,14,15 etc.

ajay sethi (Expert) 06 December 2011
your evidence has been completed . the stage of issue of interrogatories has passed .
the amendment of plaint can only be before issues are framed . in your case evidence has been closed by both the parties . i doubt whether court will permit interrogatories to be issued at stage of arguments

Raj Kumar Makkad (Expert) 06 December 2011
Amendment of plaint is not remedy rather you should file an application under section 151 of CPC (in place of order 41 rule 27 of cpc) seeking additional evidence as the same is just and fir for the just decision of the matter in dispute. Such permission can be granted to you, if you have some facts which were not in knowledge while leading your evidence.

prabhakar singh (Expert) 07 December 2011
you have very wisely put us to speculate in anticipation what is not told by you.From second post obviously you are by substitution as LR of your father who according to you was respondent[i agree to read defendant].

In first post you say" have found a very strong evidence in my favor over the Internet".I can hardly think you found any evidence on net, you might have got some point in your favor in your understanding of facts which is not conveyed to us so none of us then at least i am of the opinion that i should not speculate about a case whose no letter is known to me and the same is at argument stage.

All that i advise you is to discuss what ever you have found with your lawyer conducting the case.

Sailesh Kumar Shah (Expert) 07 December 2011
Agree with views of all experts.

Querist : Anonymous (Querist) 07 December 2011

Thanks for the great advice Mr. Prabhakar Singh Ji,

1. But for god sake please accept people with lesser intellect in this Forum or the very purpose of the Forum will be defeated.

2.And also the great advice to go back for consultancy to my lawyer which i am sorry will again defeat the goal of this Forum.

and finally

3. Please I am sorry for the intellectual arrogance i have shown in asking these questions before Divine Humble God.

Thanks anyway...

Raj Kumar Makkad (Expert) 08 December 2011
1. I do agree with you.

2. Again I do agree.

3. I am neither arrogant nor feel ashamed to accept if I am wrong.

Querist : Anonymous (Querist) 10 December 2011
You are quite humble sir and i was thanking prabhakarji on the advice ( which probably he never gave ) ...

Interrogatories under order 11 of cpc...

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