IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29912 of 2008(J)
1. M/S. SAJEED BAKERS, REPRESENTED BY ITS
... Petitioner
2. NADUVATH MUHAMMEDALI,
3. ABDULLA HAJI, S/O. PAKRAN, AYANOTH HOUSE
Vs
1. STATE BANK OF INDIA (ADB)
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :22/10/2008
O R D E R
THOMAS P. JOSEPH, J.
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W.P(c) No. 29912 of 2008
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Dated this the 22nd day of October, 2008
JUDGMENT
Heard counsel for the petitioners.
2. Respondents/plaintiff instituted a suit for recovery of
money against the petitioners. Petitioners filed written statement
taking up contentions as revealed by Exhibits P3 to P5. While so,
petitioners filed Exhibit P8 application (I.A. No.1032 of 2008) to serve
interrogatories on the respondents/plaintiff. Application was opposed
by the respondents/plaintiff. Learned Sub Judge as per Exhibit P10.
order dismissed the application observing that all the questions
required to be answered by the respondent/plaintiff are contained in
Exhibits P3 to P5. Learned counsel submits that Exhibit P3 to P5 may
not be admissible in evidence. Hence petitioners are entitled to get
affirmation of the facts stated in Exhibit P3 to P5.
3. So far as Exhibit P8, application is concerned I find that all
the questions required to be served on the respondents/plaintiff are
covered by Exhibits P3 to P5 and were already pleaded by the
W.P(c) No. 29912/2008
2
petitioners/defendants in their written statement. It is also seen that
Exhibits P3 to P5 were produced by the petitioners along with their
written statement. If petitioners have an apprehension that Exhibits P3
to P5 produced by them are not admissible in evidence, there are
provisions in the Indian Evidence Act stating how secondary evidence
can be let in. The remedy of the petitioners are not by serving
interrogatories. I do not find anything illegal or irregular in Exhibit P10
order.
This writ petition is therefore dismissed.
THOMAS P. JOSEPH, JUDGE
scm