answer interrogatories

• Order 43, Rule 1(f) read with Section 151 CPC Suit for possession, mesne profits and damages  Striking off of defence and written statement  Trial Court directed the defendants to answer interrogatories Same were not answered by them and they rather chose to challenge the order and avoided answering the interrogatories Held that a party is obligated to answer’ the interrogatory served upon it with the leave of Court and there shall not be will full noncompliance of the order of the Court is not required to conduct a summary trial to assess the veracity of the answers Striking off of the defendant's defence is a result only of ‘failure’ to answer the interrogatory, and does not follow when the answer may not be to the liking of the person delivering the interrogatory or allegedly incorrect - Order set aside. [Paras 2, 23 and 25]

Rattan vs Gayatri FAO 37/20 29/08/22 [ MANOJ JJ ]

[ DELHI HIGH COURT ]