Gulshan Tanwar (Advocate) 19 January 2010

Order 11 Rule 1, CPC

If the answers to the Interrogatories filed U/O.11 R.1 CPC are not filed and the judge didnt decides the application, can an application be filed U/O.11 Rule 21 read with S.151 CPC for the denial of admission of the interrogatories and can the defence be struck off?

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8 Replies

Daksh (Student) 20 January 2010

Mr.Suwarn Rajan,

This is a bit annoying for a student like me to see a standard format like yours. Either you are part of problem or solution and in case your suggestion for a plausible solutions "COULD BE READ AND UNDERSTOOD BY ONE AND ALL" the same fulfills the objective of this forum.

I hope you have understood what "ACTUALLY I MEANT"

Best regards

Daksh

Gulshan Tanwar (Advocate) 20 January 2010

Under practice and procedure, dont know what my learned wanted to say, instead of giving the legal things my friend suggested another website... dont know why? Is that website better than this forum and if yes, then I am sorry for the move bcoz we are here to solve, make query and to provide solutions to the questions raised. Whatever the person occupies, he/she can tell to the other users.

Hope this time:) all right:)

Khalid Masood Ghani (Lawyer) 20 January 2010

O. XI, R.1---Object of O.XI, R.1, C.P.C

Rule 1 of Order XI of C.P.C. provided that interrogatories were to be delivered to opposite party for examination so that those could be answered by it---Word "examination" used in Rule 1, Order XI does not mean `examination of a witness' as is done in examination-in-chief but it means perusal of interrogatories by opposite party which is called upon to answer them and deliver answers in writing to the party seeking interrogatories---Need to deliver interrogatories under Order XI, rule 1, C.P.C. may arise for the reason that plaint or written statement may not be disclosing actual nature of case and replies through interrogatories became necessary to particularize and identify the real nature and scope of controversy involved in the case---Such course saves time and expense as it prevents unnecessary and irrelevant evidence from being brought on record---Information thus collected through serving interrogatories on opposite party is then used to support one's case or to demolish the case of opposing party---Interrogatories are, however, not intended to dispense with requirement of recording of evidence of a party in the matter---Court whenever allowed a party to deliver interrogatories on opposing party, it did not mean that obligation to adduce evidence was dispensed with.

Yes, such an application is competent and the Defense can be struck off by filing such application.

1 Like

Gulshan Tanwar (Advocate) 20 January 2010

:) Thats true and you know my friend, that upon that application the respondent had decided to make a compromise, else the respondent was trying to evade the contents of petition.

Well I am lodging questions as preparing for DJS 2010 exam which is my last chance.

(Guest)

Order 11. R.21 can be invoked only when the party fails to comply with any "order" to answer interrogatories.

It appears from your query that your application to deliver interrogatories is not decided either in your favor or against you and is kept pending. Insist on the court to decide your application first, before examining further course. Please note that it is mandatory for the court to decide your application within 7 days of your application as mandated in O.11 R.2 (This period is introduced w.e.f.1-7-2002.

niranjan (civil practice) 21 January 2010

Order under O.11(2) within seven days, under r.8,answers tobe given within ten days, and if the other party still do not reply,application under r.11 is tobe submitted and when the oP do not comply the order, the rule 21 will come into play.