031-SLLR-SLLR-2006-V-3-THE-FINANCE-CO.-LTD-vs.-SRIYANI.pdf

When this matter was taken up for inquiry before this Court, bothparties agreed that if the Court granted leave, the appeal also bedecided on the same submissions.
The learned counsel for the defendant submitted that the Court,without granting time for the defendant to file papers for a peremptoryorder, proceeded to make order that the plaintiff had sufficientlyanswered the interrogatories and she need not answer any further. Byinterrogatory No. 5 (a) the defendant has asked the following question.
Interrogatory No. 5 (a) – If there was a deposit prior to the deposit ofRs. 450,000, how did you receive that money ?
The plaintiffs answer reads thus:
CA
The Finance Co. Ltd Vs Sriyani
(Wimalachandra, J.)
251
it insufficiently, the party interrogating can apply to the Court for anorder requiring such other party to answer further. The Court has thepower to direct him, by order, to answer the interrogatory or to answerit further, either by an affidavit or by viva voce examination.
It is to be observed that at no stage had the plaintiff taken up' theposition that the interrogatory No. 5(a) is irrelevant, scandalous ormala fide. It appears that she had merely given an evasive answer.The plaintiff without stating how she had received the money to makea deposit, merely stated that it was a renewal of a previous deposit.She had not given the particulars of the previous deposit if it was arenewal of a deposit.
The question for the Court is whether the answer is sufficient orinsufficient and not the correctness of the answer at this stage. If theanswer is insufficient a further answer is necessary. In the instantcase, a clear answer to the interrogatory No. 5(a) is relevant to thedefendant, so as to enable him to prepare for the case, he has tomeet. The defendant is entitled to ascertain from the plaintiff how shehad received a large amount of money and if it was from a renewal ofa deposit as stated by the plaintiff, the defendant is entitled to knowthe particulars of the deposit.
In the circumstances, I am of the view that the learned judge erredin law when he prevented the defendant from obtaining a completeanswer to the interrogatory No. 5(a) so as to enable him to prepare forthe case he has to meet. More so, when the defendant has brought tothe notice of Court that the plaintiff was a party to a fraud committedagainst the defendant-company along with former employee of thedefendant-company, namely, H. K. Nishantha and which fraud is the
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Sri Lanka Law Reports
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subject matter of the proceedings in the High Court Case Nos. 56/2004(A) and (B) in the Provincial High Court of Hambantota.
For these reasons, leave to appeal is granted and I set aside theaforesaid order of the learned District Judge dated 19.07.2004 anddirect the learned Judge to order the plaintiff to answer further, theaforesaid interrogatory No. 5(a), either by affidavit or by viva voce, asthe Court may direct. Accordingly, the appeal is allowed with costsfixed at Rs. 5250.
Appeal allowed.