the burden of proof which was otherwise on the
plaintiff. Their object is not merely to discover facts
which will inform the plaintiff as to evidence to be
obtained, but also to save the expense of proving a
part on the case. Cotton L.T., J, said:
Interrogatories are “not limited to giving the
plaintiff a knowledge on that which he does not
already know but include the getting an admission
of anything which he has to prove on any issue
which is raised between him and the defendant.”
(5) My attention has been drawn to a judgment of
this Court in 0. S. No. 4 & 5 of 15730 entitled
Suresh Chand vs. KM. Vinay Devi etc. decided on
14.9.73. Unfortunately I am informed that this
judgment has not been reported though it is an
illuminating judgment so far as the provisions of
Order XI Civil Procedure Code . are concerned. I
am in respectful agreement with the views
expressed in the said judgment to quote : 'A party
has a right to interrogate with a view to obtaining
an admission from his opponent of everything
which is material and relevant to the issue raised
on the pleadings. The object is to obtain an
admission from the opponent which will make the
burden of proof easier than it otherwise would
have been. The purpose is to get from the defendant
an admission of that which no doubt he denied by
his defense but not on oath. About the fact of the
parentage of the appellant Suresh Chand a fact
which is within the knowledge and an admission of
it by him must obviously save enormous amount of
expense at the trial. Lindley L. J. in the case of
Attorney- General (supra) said : "It is no reason
for declining to answer the interrogatories to say
that the same information may be got by crossexam, at the trial". If the appellants answer the
question regarding parentage and the Will of the
deceased Thakur Dass, the plaintiff would be
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 42 of 51
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