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Discovery by Interrogatory

INTRODUCTION The C mentions: ORDER XI : DISCOVERY AND INSPECTION Rule 1. Discovery by interrogatories In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have 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 party without an order for that purpose : Provided also that interrogatories which do not relate to any matters in question in the suit be deemed irrelevant, notwithstanding that they might be issible on the oral cross-examination of a witness. In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case. Interrogatories are a list of written questions designed by one person and is required to be answered by another party. The reason for interrogatories is to determine facts that can be used or presented during a trial. Many questions arise when people are dealing with interrogatories. Many people turn to the Experts for answers to the tough questions. Below are five of the top interrogatories questions answered by the Experts. Outline The purpose of this rule is to enable a party to require information from his opponent for the purpose of maintaining his own case or for destroying the case of the adversary. The main object

of interrogatories is to save expenses and shorten the litigation by enabling a party to obtain from his opponent information as to the facts material regarding the question in dispute between them or to obtain ission of any facts which he has to prove on any issue which is raised between them. As a general rule, interrogatories are to be allowed whenever the answer to them will serve either to maintain the case of the party istering them or to destroy the case of the adversary. The power to serve interrogatories as it appears is not meant to be confined within narrow technical limits. It should be used liberally whenever it can shorten litigation and serve the interest of justice. However, this can be exercised within certain limits. The power to order interrogatories to he served and answer should be used with considerable care and caution, so that it is not abused by any party. A party entitled to interrogate his opponent with a view to ascertain what case he has to meet and the facts relied on and to limit the generality of the pleadings and find out what is really is in issue.

Critical Review The recording of evidence of a witness in his chief-examination shall be by affidavit of the said witness and a copy of it shall be furnished to the opposite party. When documents are filed in Court along with the affidavit, the relevancy and issibility of such documents has to be determined by court. The cross-examination can be done in the presence of Presiding Officer of the Court or get it recorded by a Commissioner to be appointed by court out of of Commissioners prepared by the district court or the High Court. The remuneration to be given to Commissioner for this purpose can be fixed by the Court. The court can appoint a commissioner for examination of witness residing within the local limits of his jurisdiction (Vide Section 29 of Amendment Act 46 of 1999).

During the examination of witnesses, the court receives objections as to a question as leading, irrelevant, inissible, etc., Many a time, the court also is confronted with objection about issibility of documents on the grounds of non-registration, unstamped or under-stamped, unproved, exhibited without proper foundation, unattested, etc. The court is expected to hear both sides in such a case, and shall overrule or sustain objections by giving reasons, either in the deposition or by a separate order.