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...
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