[2025:RJ-JD:19821]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4470/2023 Viraf Satarawala S/o Shri Tehamatan Satarwala, Aged About 51 Years, Resident Of 192, Sher Villa, Shiv Road, Ratanada, Jodhpur (Rajasthan)
----Petitioner
Versus
Khushru Satarawala S/o Shri Tehamatan Satarawala, Resident Of 192, Sher Villa, Shiv Road, Ratanada, Jodhpur (Rajasthan) Presently Residing At Flat No. 2-E, Hongkong House, Melcolm Baug, Parsi Colony, Jogeshwari West, S.v. Road, Mumbai 400
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----Respondent For Petitioner(s) : Mr. Vijay Purohit. Mr. Uttam Singh.
Mr. Subham Ojha.
For Respondent(s) : Mr. Falgun Buch assisted by Mr. Gopalkrishna Chhangani.
Mr. Vasu Dev Gaur.
HON'BLE MR. JUSTICE BIRENDRA KUMAR Order
24/04/2025
1. Heard the parties.
2. Respondent Khushru Satarawala, the full brother of the writ petitioner, brought a suit for partition of the movable and immovable property of the family left by the parents.
3. By the impugned order dated 14.11.2022 passed in Civil Original Suit No. 102/2020, the learned trial Judge besides disposing of other petitions also disposed of an application under Order XI Rule 12 and 14 read with Section 151 CPC and issued direction against the petitioner to file affidavit giving information regarding receipt of money from postal department, LIC and
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mutual funds invested in different companies including in shares by the parents. The petitioner was further directed to make it clear that after death of father, from which Department, what amount was obtained by the petitioner and whether the amount was received as nominee of the parents or the parents had executed a transfer document in favour of the petitioner. The petitioner was further directed to inform whether any ornaments left by the mother was received by him or not. If it was received, details of the same was also asked to be provided.
4. It is not disputed that father had executed a Will whereunder money in the Post Office Savings Account, Fixed Deposit Account and some jeweelery were proposed to be given to Khushru, the respondent herein. Thus unless the aforesaid information was there on the record, no effective decree could have been passed in the suit as to whether those properties were to be partitioned or not.
5. Learned counsel for the petitioner submits that the referred provisions of Order XI CPC were not applicable or attracted in the facts and circumstances of this case, rather the provisions were misconstrued and direction was made contrary to law.
6. Learned counsel for the respondent contends that infact the petitioner was nominee in Savings Account etc. as well as in the mutual funds and received money in the capacity of a nominee. Learned counsel submits that the trial Court has relied on the judgment of the Hon'ble Supreme Court in Sharbati Devi & Ors. Vs. Smt. Usha Devi & Ors. reported in AIR 1984 SC 346 for its conclusion that status of a nominee under Insurance Act is only to receive money after death of the original policy holder and only for
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the reason that nominee has received the money, he does not get absolute right over that, rather the nominee has to inform other co-sharers for proper distribution of that amount. Order XI Rule 1 relates to interrogatories which should be in question and answer form and can be asked by the parties only with the leave of the Court. Rule 2 provides about furnishing details and particulars of the interrogatories. Rule 3 relates to cost of interrogatories and Rule 4 provides that Form No. 2 shall be used for interrogatories. Some of the other subsequent rules are objection to the interrogatories and striking out the interrogatories as well as exhibit in such interrogatories.
7. Evidently, in the case on hand, no interrogatory was asked from the petitioner which could have been answered in positive or negative or by some explanation, rather, in the case on hand, certain information was called for under Rule 12 and 14. The said provision under Order XI Rule 12, 13 and 14 are being produced below:-
"12. Application for discovery of documents.-
Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit:
Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that
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it is not necessary either for disposing fairly of the suit or for saving costs.
13. Affidavit of documents.- The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as circumstances may require.
14. Production of documents. - It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just."
8. By the impugned direction, the Court asked the petitioner to produce document of Postal Department, LIC and other mutual funds to show as to what amount was withdrawn or taken or accepted by the petitioner or not. Whether ornaments of the mother was with the petitioner or not, was to be answered by the petitioner on affidavit.
9. Considering the nature of the suit, the required information is not against the mandate of Order XI CPC. Hence, the effect of the impugned order could not leads to manifest miscarriage of justice. Therefore, this writ petition stands dismissed as devoid of any merit.
(BIRENDRA KUMAR),J
21-sumer/-
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