I am not prepared to hold that the answers furnished to the interrogatories served are wholly insufficient. The rest of the things are to be deduced from the evidence adduced by the parties in the suit. The suit is after all one for partition of the pre-existing rights of the parties.
2. There is no justification in directing the petitioners to answer further in regard to the interrogatories served as done by the court below. Ext. P7 order so passed as well as Ext. P10 order refusing to review Ext. P7 order are vitiated by an error of jurisdiction. Exts. P7 and P10 orders are set aside and the court below is directed to proceed with the suit on evidence. The court below is entitled to draw adverse inference if it finds on evidence that particulars in their custody are withheld by any of the parties.
The Original Petition is disposed of.
DCS V.CHITAMBARESH JUDGE