IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O — 2023 SCMR 636 SUPREME-COURT

Case information

Citation: 2023 SCMR 636 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: IMRAN AHMAD KHAN NIAZI vs Main MUHAMMAD SHAHBAZ SHARIF O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN AHMAD KHAN NIAZI VS Main MUHAMMAD SHAHBAZ SHARIF O. XI, Rr. 1, 2, 6 & 7---Interrogatories submitted to the Court---Power of the Trial Court under Rules 1 and 2 of Order XI, C.P.C.---Scope---Power of the Trial Court under Rule 1 of Order XI, C.P.C. to examine the interrogatories before delivering the same to the party concerned under Rule 2 and reject any irrelevant interrogatory at that stage, is permissive, not obligatory; the non-exercise of which does not vitiate the order of the court delivering the interrogatories to the party concerned under Rule 2 for submitting the answers---Since Trial Courts are overburdened with high pendency of cases, they cannot be expected, in the prevailing circumstances, to make such examination of the interrogatories in every case, under Rule 1---Rather, it is more practicable in the prevailing circumstances and in our system of administration of civil justice, which is primarily adversarial, that the party concerned should invite the attention of the Trial Court for such examination, either (i) by making an application under Rule 7 of Order XI if all or most of the interrogatories delivered appear to be irrelevant by specifying the particular objection taken to each of such interrogatories separately, or (ii) by answering those interrogatories which he thinks are relevant and taking objection to those which he thinks are irrelevant as per Rule 6 of Order XI, C.P.C.

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