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Interrogatories

(Querist) 23 December 2015 This query is : Resolved 
Respected Sir,

There are more than one defendant. other defendant have file ws.

but one defendant did not file WS in time & therefore on our application under o 8 r.1 & 10 court passed no WS order against Defendant. Thereafter also defendant is not bother about it and not interested in filling WS.

But we want information of fact & document from him which is material for the suit.

Can i file application for interrogatories & production of document ?

SURESH BV, Advocate (Expert) 23 December 2015
Dear Rahul,

Non-filing of WS does not restrict filing an application for interrogatories & production of documents.
rahul (Querist) 23 December 2015
Thank you SURESH BV sir for your valuable reply.
Rajendra K Goyal (Expert) 23 December 2015
Even if defendant has not filed WS and court ordered accordingly he can be called as witness and can be cross examined / questioned.
rahul (Querist) 24 December 2015
Thank you Rajendra K Goyal Sir.

another Defendant has filed WS & In August we have submitted aplication for interrogatories to court for order & notice under O.11 r. 15 for inspection of document mentioned in ws to same defendant for whom interrogatories have been filed.

this defendant has taken two adjourments for reply. next date if he ask to adjourned then it will be third adjouments.

what can be done if he ask for adjourment & did not give reply ?



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