Tribunal deemed civil court under Waqf Act, 1995, can permit interrogatories at any stage for fair adjudication, Kerala State Waqf Board's appeals dismissed
In a significant judgment delivered on October 6, 2026, the Kerala High Court (Division Bench comprising Justices Anil K. Narendran and Muralee Krishna S.) dismissed appeals filed by the Kerala State Waqf Board challenging the Waqf Tribunal's orders permitting the filing of interrogatories in several original applications related to the declaration of certain properties as waqf properties.
Background:
The appeals arose from interlocutory applications filed by respondents challenging the Kerala State Waqf Board's order dated May 20, 2019, which declared certain properties as waqf properties. The respondents contended that the State Waqf Board had failed to comply with mandatory statutory procedures under Sections 4, 5, and 6 of the Waqf Act, 1995, including the publication of waqf property lists in the official gazette as required by law. Due to the absence of documentary evidence proving compliance, the respondents sought leave from the Waqf Tribunal to deliver interrogatories in writing to the Kerala State Waqf Board to clarify these issues.
The Waqf Tribunal allowed these interlocutory applications, directing the State Waqf Board to answer the interrogatories within one month. The Board challenged these orders before the Kerala High Court, arguing that the provisions of Order XI Rule 1 of the Code of Civil Procedure (CPC), 1908, which govern interrogatories, apply only to suits and not to original applications before the Waqf Tribunal. It also contended that the applications were premature since pleadings were not complete and issues not framed.
Legal Issues and Court's Analysis:
The High Court extensively analyzed the scope and applicability of Order XI Rule 1 CPC and Section 30 CPC, which empower courts to order discovery and interrogatories at any stage, and the powers of the Waqf Tribunal under Section 83(5) of the Waqf Act, 1995.
1. Waqf Tribunal as Civil Court: The Court emphasized that under Section 83(5) of the Waqf Act, the Waqf Tribunal is deemed a civil court and has the same powers as a civil court under the CPC while trying a suit or executing a decree or order. This includes the power to permit interrogatories.
2. Scope of Interrogatories under CPC: The Court reiterated that under Section 30 CPC, courts have the power to make orders relating to the delivery and answering of interrogatories at any time during the proceedings. Order XI Rule 1 CPC allows delivery of interrogatories by leave of the court and requires that the interrogatories relate to matters in question in the suit or proceeding.
3. Stage of Filing Interrogatories: The Court rejected the Board's contention that interrogatories can be allowed only after pleadings are complete and issues framed. Citing judicial precedents, including the Bombay High Court and Supreme Court decisions, the Court held that interrogatories can be delivered even before the filing of the written statement, provided they are relevant and necessary for fair adjudication.
4. Relevance and Bona Fides of Interrogatories: The Court stressed that interrogatories must have a reasonably close connection with the matters in question, aimed at obtaining admissions or information relevant to the case to shorten litigation and save costs. Interrogatories for fishing expeditions, collateral purposes, or to obtain evidence exclusively are impermissible.
5. Merits of the Case: Since the respondents alleged non-compliance with mandatory statutory procedures by the State Waqf Board and the Board did not claim privilege or any valid ground against disclosure, the Court found the interrogatories relevant and necessary for clarifying issues and ensuring a fair trial.
6. Precedents Considered: The judgment relied on several key precedents, including:
- Union of India v. Ibrahim Uddin (2012): Affirming the power of courts to order discovery and interrogatories to save expense and shorten inquiry.
- Ammu Ammal v. Venkitadri Iyer (1980 KLT): Holding that Waqf Tribunal, as a civil court, can entertain applications for delivery of interrogatories.
- Raj Narain v. Indira Nehru Gandhi (1972): Elaborating on the relevance and timing of interrogatories.
- Nishi Prem v. Javed Akhtar (1988): Highlighting that interrogatories should not be used to obtain evidence exclusively or for fishing expeditions.
- Sonia Senroy v. Amit Senroy (1998): Interrogatories permitted even before filing written statement if relevant.
Final Decision:
After considering the legal provisions, precedents, and factual matrix, the Kerala High Court upheld the Waqf Tribunal's orders permitting the delivery of interrogatories to the Kerala State Waqf Board. The Court dismissed the Board's appeals but granted it one month's time from receipt of the judgment to comply with the directions to answer the interrogatories.
Significance:
This judgment clarifies and reinforces the procedural powers of the Waqf Tribunal as a civil court, especially its authority to permit interrogatories at any stage of proceedings, including before the filing of written statements, for fair and expeditious adjudication. It underscores the principle that procedural rules should be liberally applied to shorten litigation and serve the interests of justice, while safeguarding against misuse.
The judgment also emphasizes the mandatory nature of compliance with statutory procedures in waqf property declarations under the Waqf Act, 1995, and provides a procedural mechanism to test such compliance through interrogatories.
Bottom Line:
Waqf Tribunal, being deemed a civil court under Section 83(5) of the Waqf Act, 1995, can entertain applications under Order XI Rule 1 CPC for delivery of interrogatories; such interrogatories may be permitted at any stage, even before filing of written statement, provided they relate to matters in question and are necessary for fair adjudication or saving costs.
Statutory provision(s): Waqf Act, 1995 Section 4, Section 5, Section 6, Section 7, Section 83(5), Section 97; Code of Civil Procedure, 1908 Section 30, Order XI Rules 1 to 7
Kerala State Waqf Board v. M.K. Venu, (Kerala)(DB) : Law Finder Doc Id # 2993429
