Rule 2 of CPC : Rule 2: Discovery by interrogatories.
CPC
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Explanation using Example
Example 1:
Scenario: A commercial dispute between two companies, ABC Pvt. Ltd. (plaintiff) and XYZ Pvt. Ltd. (defendant), over a breach of contract.
Application of Rule 2:
- Interrogatories Delivery: ABC Pvt. Ltd. seeks to understand the details of XYZ Pvt. Ltd.'s internal communications regarding the contract. They request the court's permission to deliver a set of written questions (interrogatories) to XYZ Pvt. Ltd.
- Court's Decision: The court reviews the proposed interrogatories and grants permission for those questions that are relevant to the breach of contract issue. The court rejects any questions that are deemed irrelevant or overly broad.
- Answering Interrogatories: XYZ Pvt. Ltd. is required to answer the approved interrogatories within ten days. They must provide their answers in the form of an affidavit.
- Objections: XYZ Pvt. Ltd. objects to some of the interrogatories on the grounds that they are irrelevant and scandalous. They file an affidavit stating their objections.
- Court's Review: The court reviews the objections and decides whether the interrogatories should be answered or set aside.
- Insufficient Answers: If XYZ Pvt. Ltd. provides insufficient answers, ABC Pvt. Ltd. can apply to the court for an order requiring XYZ Pvt. Ltd. to provide more detailed answers.
Example 2:
Scenario: A lawsuit involving a partnership firm, PQR & Co., and an individual, Mr. Sharma, over a financial dispute.
Application of Rule 2:
- Interrogatories Delivery: Mr. Sharma, the plaintiff, seeks to uncover financial records and communications within PQR & Co. He requests the court's permission to deliver interrogatories to the partners of PQR & Co.
- Court's Decision: The court reviews the proposed interrogatories and grants permission for those questions that are necessary to resolve the financial dispute. The court rejects any questions that are not relevant to the case.
- Answering Interrogatories: The partners of PQR & Co. are required to answer the approved interrogatories within ten days. They must provide their answers in the form of an affidavit.
- Objections: PQR & Co. objects to some of the interrogatories on the grounds that they are not material to the case at this stage. They file an affidavit stating their objections.
- Court's Review: The court reviews the objections and decides whether the interrogatories should be answered or set aside.
- Insufficient Answers: If the partners of PQR & Co. provide insufficient answers, Mr. Sharma can apply to the court for an order requiring them to provide more detailed answers.
Example 3:
Scenario: A dispute between a housing society, Green Acres Society, and a construction company, BuildWell Constructions, over the quality of construction.
Application of Rule 2:
- Interrogatories Delivery: Green Acres Society, the plaintiff, seeks to understand the construction processes and materials used by BuildWell Constructions. They request the court's permission to deliver interrogatories to the project manager of BuildWell Constructions.
- Court's Decision: The court reviews the proposed interrogatories and grants permission for those questions that are relevant to the quality of construction issue. The court rejects any questions that are deemed irrelevant or overly broad.
- Answering Interrogatories: The project manager of BuildWell Constructions is required to answer the approved interrogatories within ten days. They must provide their answers in the form of an affidavit.
- Objections: BuildWell Constructions objects to some of the interrogatories on the grounds that they are oppressive and unnecessary. They file an affidavit stating their objections.
- Court's Review: The court reviews the objections and decides whether the interrogatories should be answered or set aside.
- Insufficient Answers: If the project manager of BuildWell Constructions provides insufficient answers, Green Acres Society can apply to the court for an order requiring them to provide more detailed answers.
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