• Property matter

I am the owner of self acquired property with sale deed in my name i am the defendant the plaintiff put a civil suit against me in august 2014 for interim injunction & application of ancestral property.But could not give any document to prove that plaintiff has any kind of right in the property. Judge dismissed the interim injunction in 2015. Now the case status is in plaintiff evidence.Already they intentionally pass 4 dates. Now on last date 29/09/2016 plaintiff lawyer give my lawyer INTERROGATORIES UNDER ORDER 11 RULE 4 CPC Can it be possible after 2 years they can go for it please guide me
Asked 2 years ago in Civil Law from new delhi, Delhi
1) yes Plaintiff can deliver interrogatories to you under order XI Rule 4 CPC 

2) Order Xi Civil Procedure Code has the heading "DISCOVERY And INSPECTION". R. 1 of O. 11 has the heading "Discovery by Interrogatories". This shows that discovery can be by way of answer to interrogatories as also by way of affidavit qua documents sought to be discovered. 

3) Rules 1 to 11 and Rules 21 to 23 deal with interrogatories, 

4) Insofar as interrogatories are concerned, the law provides for three stages. In the first stage, the plaintiff or the defendant has to obtain leave of the Court for delivering interrogatories in writing on a defendant or defendants or the plaintiff or plaintiffs, as the case may be. Such interrogatories had to be separately served on each person requiring to answer. After obtaining permission from the trial Court, the interrogatories are to be served in Form No. 2 in Appendix-C on the person who is required to answer. The person receiving interrogatories is required to answer by way of an affidavit (see Rule 8 of Order XI). In second stage, if a person on whom interrogatories are served does not comply with by filing affidavit in answer to interrogatories, the plaintiff or the defendant who obtained leave of the Court to serve interrogatories has to again file another application under Order XI Rule 11 of CPC. Such application can be filed when the person omits to answer interrogatories or answers interrogatories insufficiently. At that stage, the Court can compel the person to answer interrogatories by passing an order either requiring to answer the interrogatories by affidavit or by vis-a-vis (sic. viva voce). In case such an order is not complied with, the same would result in penal consequences which can either be dismissal of the suit or striking off the defence. 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

There is no limitation period to file interrogatories, so this can be done. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

Yes instead of moving on the Evidence proceedings - you have been asked to prove your evidence of rights for ownership to this property through Order 11 Rule 4. Yes it is possible at the current stage of your case. 

As per the details provided you need not to worry as you have the ownership documents and hence should not be an issue to reply to the above filed by the plaintiff. 

Best of luck 
Atulay Nehra
Advocate, Noida
1029 Answers
35 Consultations

4.7 on 5.0

1. The Judge has dismissed the petition praying for interim injunction and not the suit,

2. So, the plaintiff can certainly apply for any avail  order for interrogatories u/o 11 r 4 of CPC during the pendency of the suit.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

Admittedly the averments in the written statement are vague. Therefore, in order to meet the pleadings in the written statement the plaintiff has called upon the defendants' answer the interrogatories.
Therefore there is no legal infirmity in filing the petition under the provisions of la referred herein. 
T Kalaiselvan
Advocate, Vellore
37091 Answers
403 Consultations

5.0 on 5.0

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