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Lalla Dabee Pershad Vs. Santo Pershad and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal505
AppellantLalla Dabee Pershad
RespondentSanto Pershad and ors.
Excerpt:
interrogatories - failure to answer within the time limited--dismissal of suit--civil procedure code, act xiv of 1882, ch. x, sections 121, 126, and 136. - .....stating which of such interrogatories each of such persons is required to answer:provided that no party shall deliver more than one set of interrogatories to the same person without the permission of the court, and that no defendant shall deliver interrogatories for the examination of the plaintiff unless such defendant has previously tendered a written statement and such statement has been received and palaced on the record.]
Judgment:

Mitter, J.

1. Whether in this case the Courts below have exercised the discretion under Section 136 properly or not is a question which we cannot enter into in second appeal, and we express no opinion upon that point, but as regards the question whether the lower Courts had any power to deal with the case under Section 136, we are of opinion that the objection taken before us is not valid. When interrogatories are delivered with the leave of the Court under Section 121*, the Court orders these interrogatories to be answered within ten days from the date of service thereof under Section 126. Therefore, there is virtually an order passed under the provisions of Chap. X. That being so, if the party interrogated fails to comply with that order, the Court has the power to pass an order under Section 136.

2. We are therefore of opinion that the contention of the appellant that Section 136 has no application to this case is not correct.

3. We therefore dismiss this appeal with costs.

-------------------------------------Foot Note------------------------------------

*[Power to delive interrogatories.

Section 121: Any party may at any time by leave of the Court, deliver through the Court interrogatories in writing for the examination of the opposite party, or where there are more opposite party, or where there are more opposite parties than one, any one or more of such parties, with a note at the foot thereof stating which of such interrogatories each of such persons is required to answer:

Provided that no party shall deliver more than one set of interrogatories to the same person without the permission of the Court, and that no defendant shall deliver interrogatories for the examination of the plaintiff unless such defendant has previously tendered a written statement and such statement has been received and palaced on the record.]


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