1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1968/2011 (Subhash Daulatram Paliwal VERSUS Bhagyashree J. Buty & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.N. Mohta & S. Paliwal, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 26 , 2011 . Heard. There is nothing wrong in the order passed by the trial Court on 09.11.2010 granting leave to the plaintiffs to deliver the interrogatories. The trial Court found on the basis of the pleadings of the parties and the facts and circumstances that the interrogatories were necessary for deciding the controversy between the parties and were also not irrelevant, scandalous or lacking in bona fides. The submission made on behalf of the petitioner that the Court could not have granted leave to deliver interrogatories under Order XI of the Code of Civil Procedure at this stage as all the legal heirs of the original defendant were not brought on record is liable to be rejected as in case some of the legal heirs of the defendant are not brought on record, the plaintiffs would suffer the consequences of their failure to do so. The Court rightly negatived the other submission of the petitioner that the interrogatories were not in the prescribed proforma as in the said application, the two questions or interrogatories were posed by the plaintiffs and by the prayer to the application, the plaintiffs had sought for leave to deliver the interrogatories. 2 Since the order passed by the trial Court calls for no interference in exercise of the writ jurisdiction, the writ petition is dismissed with no order as to costs. JUDGE APTE