Court No. - 4 Case :- WRIT - C No. - 2409 of 2010 Petitioner :- Girja Shankar Das Tiwari & Another Respondent :- Sikadi Prasad & Ors. Petitioner Counsel :- Kamal Narain Rai Hon'ble Krishna Murari,J.
An application was filed under section 92 of CPC seeking permission to file a
suit. During the pendency of the said proceedings, an application dated
25.2.2009 was filed by the petitioners under Order XI Rule 2 CPC to deliver
the interrogatories.
The grievance of the petitioners is that the said application is being kept
pending by the court below while, on the other hand, it is proceeding to
decide the application for appointment of the receiver. Attention of the Court
has been drawn to the order dated 7.12.2009 whereby the prayer made by the
petitioners to decide the application for interrogatories at an early date has
been rejected.
It has been urged by the learned counsel for the petitioners that Order XI Rule
2 CPC provides for the application to be decided within 7 days from the
date of filing and in the present case the application is pending for almost a
year.
Order XI Rule 2 CPC reads as under:
“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
admissions, 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 of
the suit or for saving costs.”
In view of the above provision, the writ petition stands finally disposed of
with a direction to the court below that dispose of the application filed by the
petitioners under Order XI Rule 2 CPC within a period of 7 days from the
date of production of a certified copy of this order before it in accordance
with law.
Order Date :- 4.2.2010
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