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Interrogatories An Effective Tool In DV Case
Posted: September 5, 2014 in Interrogatories O-XITags: DV, Interrogatories, Order -XI CPC
Interrogatories an Effective tool to demolish opposite party in DV case
Interrogatories is a very powerful tool which can either break the other party case or may strengthen your side
Interrogatories
1. It can reduce your case time by 20 to 30 %
2. It will expose false allegation of your wife
3. If you are worried about cross, then this is effective tool
4. Answer of Interrogatories you can used as evidence in your case.
5. You can go for Dismissal full suite on the basis of interrogatories
6. And many more advantage ..!
What is the Interrogatories
A list of questions that are designed by a one party ( Husband ) to be answered by another party ( Wife ) during a legal case are called interrogatories. The main reason why these are used is to determine facts and present them during a trial. Opposite party need to answer this question within 10 days with Affidavit
What will be consequences of not answering interrogatories question?
You can go for the Dismissal of Suit Under ORDER -11 RULE-21 OF CODE OF CIVIL PROCEDURE FOR NON-COMPLIANCE WITH ORDER FOR INTERROGATORIES
How to Handle the Opposite party Objection on interrogatories
Opposite party must give a valid reason if objecting an interrogatory. Read the Order -11, Rule 7 7. Setting aside and striking out interrogatories
What is the process of delivery of Interrogatories
Step – 1: Request to Hon’ble court for Delivery of Interrogatories
Step – 2: Deliver the list of question as part of Interrogatories
Step – 3: If opposite party did not answer then go for Dismissal full suite
Step – 4: If opposite party take the objection then attack with following format
Step – 5: if you want opposite should answer further then use below format.
Fill free to contact me for more information..!
Check Important Link
Order To Answer Further In INTERROGATORIES
Posted: September 5, 2014 in InterrogatoriesTags: CPC, DV, Interrogatories
Order To Answer Further In Interrogatories Under Order 11, Rule-11 of CPC
BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, XXXXX AT PUNE.
Criminal Miscellaneous Application No. XXX/XXXX
Wife Full Name…………………..Petitioner
V/s
Husband Full Name………………..Respondents
APPLICATION FOR PERMISION TO SUBMIT INTERROGATORIES U/S CPC ( Rule XI, Order 11) ANSWER FURTHER
The respondent above named most respectfully submits as hereunder :-
- That the Criminal Miscellaneous Application No. XXX/XXXx is pending before this Hon’ ble Court and is listed today.
- Respondent no 1 filed the Application for permission to submit Interrogatories question on XX-Jan-20xx as per APPENDIX C FORM NO 1, ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r. 1.)
- The Hon’ble Court has passed the order for allowing Respondent No-1 to submits the Interrogatories on xx-Aug-20xx
- The Respondent No-1 on submitted the following two documents on xx-Aug-20x
- APPLICATION FOR PERMISION TO SUBMIT INTERROGATORIES QUESTION on xx-Aug-20x
- Document related to question list as per CODE OF CIVIL PROCEDURE – APPENDEX C- FORM NO 2, INTERROGATORIES (O. 11, r. 4.)
- INTERROGATORIES (O. 11, r. 11) explain the as per below
- Order to answer or answer further:: Where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination as the Court may direct.
- Applicant no 1 did not answer the following question,
Section 1: The Applicant NO 1 required answering the following interrogatories in Yes / NO
________________________________________________________________________
________________________________________________________________________
Section 2: The Applicant NO 1 required fill the blank space and answering the following interrogatories
________________________________________________________________________
- Applicant No-1 did not move any objection to Hon’ble court with Seven days from date of accepted Interrogatories.
- INTERROGATORIES (O. 11, r. 7) of CPC clearly specify that if any objection from Application No-1 it should be deliver to Hon’ble court before Xx-Aug-20XX i.e ( 7 days from date of accepted the Interrogatories by Applicant No-1)
- Applicant No-1 did not move objection as per the APPENDIX C: Form 3 ANSWER TO INTERROGATORIES (O. 11, r. 9.)
- Applicant No-1 was willfully withholding information by refusing to answer interrogatories
- Applicant no-1 did not followed the process as per CPC and order from Hon’ble court
- Non-compliance with order for discovery
62[(1)] Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 63[an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]
60[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]
PRAYER: –
WHEREFORE, the Respondent in the above matter most respectfully prays that this Hon’ble court be pleased to direct
- Applicant no 1 should be order to proved all the answer to interrogatories on 3 working day
2. Any other order in favor to Respondent No 1
Pune: Respondent No 1
Date : ( Party In Person )
Attached is the photo copy for the opposite party
Objection To Answering Any Interrogatory
Posted: September 5, 2014 in InterrogatoriesTags: CPC, DV, Interrogatories
Method to handled the Objection To Answering Any Interrogatory Under Order -11, Rule -6
BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, XXXXX AT PUNE.
Criminal Miscellaneous Application No. XXX/XXXX
Wife Full Name…………………..Petitioner
V/s
Husband Full Name………………..Respondents
APPLICATION FOR PRELIMINARY OBJECTION FOR APPLICANT NO 1 OBJECTION TO INTERROGATORIES
The respondent above named most respectfully submits as hereunder :-
1. That the Criminal Miscellaneous Application No. XX/XXX is pending before this Hon’ ble Court and is listed today.
2. Respondent no 1 filed the Application for permission to submit Interrogatories question on XX-Jan-20XX as per APPENDIX C FORM NO 1, ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r. 1.)
3. The Hon’ble Court has passed the order for allowing Respondent No-1 to submits the Interrogatories on XX-Aug-2XXX
4. The Respondent No-1 on submitted the following two documents on XX-Aug-20XX
• APPLICATION FOR PERMISION TO SUBMIT INTERROGATORIES QUESTION on XX-Aug-20XX
• Document related to question list as per CODE OF CIVIL PROCEDURE – APPENDEX C- FORM NO 2, INTERROGATORIES (O. 11, r. 4.)
5. The Hon’ble Court has passed the order and guided Applicant no 1 to submit the answer as per INTERROGATORIES (O. 11, r. 8 and r 9) on or before XX-Aug-2XXX
6. Applicant No-1 did not move any objection to Hon’ble court with Seven days from date of accepted Interrogatories.
7. INTERROGATORIES (O. 11, r. 7) of CPC clearly specify that if any objection from Application No-1 it should be deliver to Hon’ble court before XX-Aug-20XX i.e ( 7 days from date of accepted the Interrogatories by Applicant No-1)
8. Applicant No-1 did not move objection as per the APPENDIX C: Form 3 ANSWER TO INTERROGATORIES (O. 11, r. 9.)
9. Applicant No-1 was willfully withholding information by refusing to answer interrogatories
10. Applicant No -1 is purposely prolonged the Interrogatories Application from 18-Jan-2014 and even did not replied on proper time as per Rule of CPC
11. Applicant No -1 purposely inordinate Interrogatories answer.
12. As per INTERROGATORIES (O. 11, r. 8 and r 9) Applicant no-1 need to file the answer on or before 27-Aug-2014
• Date of Interrogatories received by Applicant No-1:: XXXXXX
• Date of Answer to Interrogatories as per CPC (O. 11, r. 8) :: XXXXXX
• Total number of day given to Applicant no-1 :: XX days
13. Applicant no-1 did not followed the process as per CPC and order from Hon’ble court
21. Non-compliance with order for discovery
62[(1)] Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 63[an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]
60[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]
PRAYER: –
WHEREFORE, the Respondent in the above matter most respectfully prays that this Hon’ble court be pleased to direct
1. Objection on Interrogatories should be rejected.
2. Applicant no 1 should be order to proved all the answer to interrogatories on 3 working day
3. Any other order in favor to Respondent No 1
Pune: Respondent No 1
Date : ( Party In Person )
Attached is the photo copy for the opposite party
Sample Question of INTERROGATORIES
Posted: September 5, 2014 in InterrogatoriesTags: CPC, DV, Interrogatories, Order 11, Rule 4
Sample question format of Interrogatories Under Order-11 Rule-4
BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, XXXXX AT PUNE.
Criminal Miscellaneous Application No. XXX/XXXX
Wife Full Name …………………………………………………………………………….Petitioner
V/s
Husband Full Name ……………………………………………………………………….Respondents
CODE OF CIVIL PROCEDURE – APPENDEX C- FORM NO 2
INTERROGATORIES (O. 11, r. 4.)
Interrogatories on behalf of the Respondent No 1 for the examination of the Applicant NO 1
Abbreviation
| Sr.No | Abbreviation | Word or Phrase |
| 1 | APP-1 | Applicant No -1 |
| 2 | RSP-1 | Respondent No -1 |
| 3 | FLAT | Flat No X, A1 XXXXXXXXX, Pune |
| 4 | EIC | Examination-In-Chief Affidavit |
| 5 | PG | Page Number |
| 6 | PT | Point Number |
| 7 | LN | Line Number |
| 8 | OPP-1 | Opponent No 1 |
| 9 | CASE | PWDV act case number XXXX/ XXXXX |
The Applicant NO 1 required answering the following interrogatories in Yes / NO
LIST OF INTERROGATORIES QUESTION
| Sr. N | Question | Answers In (Yes / No ) |
| Q.1 | Is it correct that APP-1 provided the false info in Exh No-XX PG:X, Pt:XX, LN:X that ” OPP-1 forced me to keep her small daughter with my the parents and APP-2 is staying with parents since then” | |
| Q.2 | Is it correct that APP-1 provided the false info in Exh No- XX PG:XX, Pt:XX, LN:X “ I made an arrangement to keep the small baby with my parents at XXXXX for the sake of convenience ”. | |
| Q.3 | Is it correct that question no Q.1 and Q.2 are contradict and false statement given by APP-1 in her EIC with Exh No-XX |
Note: All the question in interrogatories must be answered
The Applicant NO 1 required fill the blank space and answering the following interrogatories
- Is it correct that Applicant no 1 provided the false information about Physical abuse done by Respondent no 1 (Yes/ NO) _____________
If Answer is No, Applicant no 1 can provide the below information
Respondent no 1 done the physical abuse to Applicant no-1 on
- Day ____________, Month_______________, of 2010 and
- Location of Incident is ___________________________________________
- and Applicant no 1 admitted in the Hospital Name______________________
- Address of Hospital ______________________________________________
- and Total Medical expanse in rupees________________________________
- paid by (person name) ____________________________________________
- and Mode of Payment ____________________________________________
Pune: Respondent No 1
Date : ( Party In Person )
Attached is the photo copy for the opposite party
Notice For INTERROGATORIES Under Order-11, Rule -1 of CPC
Posted: September 5, 2014 in InterrogatoriesTags: DV, Interrogatories, U/O-11 RULE-1
CODE OF CIVIL PROCEDURE – APPENDEX C- FORM NO 1 INTERROGATORIES (O. 11, r. 1.)
BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, XXXXX AT PUNE.
Criminal Miscellaneous Application No. XXX/XXXX
Wife Full Name ………………………………………………………………..Petitioner
V/s
Husband Full Name………………………………………………………. Respondents
APPLICATION U/O-11 RULE-1 CPC FOR INTERROGATORIES
CODE OF CIVIL PROCEDURE – APPENDEX C- FORM NO 1
INTERROGATORIES (O. 11, r. 1.)
The respondent above named most respectfully submits as hereunder :-
1. That the above titled case is pending in this Hon’ble Court.
2. As a matter of fact the entire case can easily be decided on merits through discovery by Interrogatories under Order-11 of CPC.
3. Therefore, the petitioner may kindly be directed to admit or deny on oath the documents list and question list.
4. That the purpose of this application is to save expense by enabling the Respondent to obtain from the Petitioner information as to facts material to the questions in dispute between the parties and to obtain admissions of any facts which he has to prove on any issue which is raised by them.
5. That the details Interrogatories and list of question will be provided to Hon’ble court after Hon’ble court allowed and passed the order for INTERROGATORIES (O. 11, r. 1.)
6. This application must be allowed in the interest of justice because the answer to the same by the Petitioner will serve either to maintain the case of the Respondent or to destroy the case of the Respondent.
7. That under Rule-1 of Order-11 CPC a party is entitled to interrogate his opponent with a view to ascertain what case he has to meet and facts relied upon and to limit the generality of the pleadings and to find out what is really in issue.
8. That if this application is allowed by this Hon’ble Court, the time for concluding the trial would be cut short substantially and will also save the expenses of the litigants. The Respondent are willing to pay the costs.
PRAYER: –
WHEREFORE, the Respondent in the above matter most respectfully prays that this Hon’ble court under the circumstances that the Interrogatories application may kindly accepted and put the Interrogatories after the required notice, in the interest of justice.
Any other order in the circumstances of the case may also be passed.
Pune: Respondent No 1
Date : ( Party In Person )
Attached is the photo copy for the opposite party
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