The Delhi High Court in the case Micromax Media Pvt Ltd v. M/S Hewlett Packard India Sales Pvt Ltd and Ors. observed and stated that the interrogatories cannot be used by the plaintiff in a suit for substituting its burden of proving things by adducing relevant evidence, adding that its objective is to narrow the controversy and facilitate the framing of issues regarding the disputed facts in the case.
The bench comprising of Justice Neena Bansal Krishna observed and has further added that Order 11 Rule 1 of the Code of Civil Procedure, 1908 is for expediting trial of the suit, thereby saving the costs of litigation and judicial time.
The Court stated that the interrogatories must be used liberally by the parties and one of the greatest objects of the interrogatories when properly administered is to save evidence i.e., for diminishing the burden of proof which was otherwise on the plaintiff. Thus, the object is not merely to discover the facts but also to save the expense of proving a part on the case.
It was observed that Order XI Rule 1 of the Code states that the plaintiff or defendant in a suit may, by leave of the Court, deliver interrogatories in writing for examination of opposite parties or for any of the parties.
It is also stated in the provision that no party shall deliver more than one set of interrogatories to the same party without an order for the same.
It was observed by the court that interrogatories are not limited to giving plaintiff the knowledge of something which is not already known, but includes getting admission of anything which he has to prove on any issue raised between the defendant and him.
The court added that Order 11 gives a party a right to interrogate with a view to obtain an admission from his opponent of everything which is material and relevant to the issue raised in the pleadings.
In the present case, the court was delaing with an application filed under Order XI Rules 1 and 5 read with Section 151 of the Code by Micromax Media Private Limited seeking directions to make Hewlett Packard India Sales Private Limited officials to answer the interrogatories in the suit filled.
It was ststed in the application that the defendants in their Written Statement-cum-Counter Claim had admitted the entitlement of the plaintiff company to the MVC rebates and bonus for the period between December 2008 till June 2009.
However, Hewlett allegedly set off and raised a counter-claim of Rs. 5,69,00,000 against Micromax claiming that it had received excess payments from the month of November 2007 to April 2009 which was discovered during the audit. The court was informed that no document was placed by the defendant company on the basis of which it was claiming excess payment.
The counsel appearing for the defendant company seek dismissal dismissal of the application by taking a preliminary objection that the company had nowhere admitted to the entitlements to the alleged MVC rebates.
Before the Court, it was also argued that the interrogatories sought to be administered to the defendants were nothing but a fishing expedition tantamounting to embarking on a roving enquiry.
Also, the court observed that the documents sought from the defendants, relating to their Counter-Claim, did not shorten the controversy or narrow the scope of evidence that the plaintiff would have to prove necessarily in support of its claim.
The post Delhi High Court: [CPC] Objective Of Interrogatories Is To Narrow Controversy, Can’t Be Used By Plaintiff For Substituting Burden Of Proof. appeared first on The Daily Guardian.
