CPC 1908.. Interrogatories ,O11 Rule 7,8
Автор: Singaravelu Gurunathan
Загружено: 2023-05-08
Просмотров: 708
Описание:
The topic is about interrogatories which is dealt in Order 11, Rule 7 and 8
The provision for Discovery and inspection is dealt in O11, Rule 7 and 8
Discovery means to compel the opposite party to disclose what he has in his possession or power.
Nature and scope
After the settlement of issues, a party to a suit may require information from his adversary as to facts. when information as to facts is required , a part is allowed to put series of questions to his adversary. This is called interrogatories.
object
S. 30 of the code empowers the court to order for Discovery.
The object of interrogatories is firstly , to know the nature of the nature of the case of opponent and secondly to support his own case.
Form of interrogatories
O11. R.4. The interrogatories should be in Form No.2 as specified in appendix. C
information which may not be called
1.Relating to the evidence of the case of his adversary
2. relating to confidential and privileged information
3. scandalous
4. really in nature of cross examination
5. on the question of law
6. fishing in nature
7. Prolix, oppressive
Rule as to interrogatories
1. interrogatories may be administered in writing
2. interrogatories may be administered either by Plaintiff or defendant
3. noparty can deliver more than one set of questions
-4. interrogatories shall be answered by affidavit
when interrogatories are permitted
Court. has got power to order discovery or permit interrogation at any time.
Appeal
An order granting or rejecting prayer for interrogatories is neither a decree nor an appealable order. Hene no appeal lies against such order.
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