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fi84dignity (Sr fighter)     07 August 2013

Interrogaries in civil court when to file

Dear experts, 

Can Interrogatories under Order 11 of CPC be filed before the filing the written statement. 

Have a H.A.M.A suit section 18, section 20   filed  along with D.V suit reliefs cusody, protection, monetary orders, and sec 23  D.V  interim relief prayer on me.

current stage:  DV interim say is filed by me ( defendant ).   

                      Stage of submitting evidence ( and notice for production of documents ) . 

                       So DV interim arguments yet to begin.

                       H.A.M.A and DV main have same contents, hence the one WS is planned to be filed by me/ pleader. 

                      Is it advisable at this stage to ' file interrogaries to the plaintiff before submitting W S ' ?   Since asking court   at a later date would run the risk of  being unfavorably looked by court as delaying tactics. 

    or should it be filed later on before the main case before close of the evidence stage . 

 

heplful link below from the forum, but does not clarify the query I raised above

https://www.lawyersclubindia.com/experts/Interrogatories--216731.asp#.UgKHANJmiSo

 

Thanks you all in advance 

 



Learning

 1 Replies

surjit singh (Assistant)     09 August 2013

There is no mandatory provisons that interrogatories will be filed after filling of the WS. I think you can file the interrogatoreis.  The provison of Order 11 Rule 1, specifically says that the plaintiff or defendant by leave of the court may deliver ineterrogatories. In your case you first file an applicatin praying for granting leave to file the interrogatorires, if the courts allows you then file the interrogatoreis. But first file a simple application for granting leave.

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