Discovery by Interrogatories (Order XI)

Purpose and Procedure

Interrogatories are a formal set of written questions sent by one party to the other, intended to clarify facts and help in preparation for trial. The objectives are:

• To obtain admissions
• To narrow the issues of the suit
• To prevent surprise at the trial

According to Order XI Rule 1, a party may, with the leave of the court, deliver interrogatories to the opposite party. The answers must be given on oath. The court may reject unnecessary or irrelevant interrogatories.

Discovery, Production and Inspection of Documents (Order XI)

Duty to Discover Documents

Every party is required to disclose all documents in their possession or power relating to any matter in question in the suit. This is known as the affidavit of documents and is required under Order XI Rule 12.

The list must include both documents supporting the party’s case and those adverse to it, unless privileged.

Privileged Documents

Not all documents are required to be disclosed. The following are considered privileged and need not be produced:

• Communications between a lawyer and client (Section 126 of the Indian Evidence Act)
• Documents that may incriminate or expose a party to penalty
• Documents prepared for the purpose of litigation

Any claim of privilege must be specifically pleaded and supported with sufficient explanation to satisfy the court.

Production of Documents by Parties

The production of documents refers to the process whereby a party, upon notice or order of the court, is required to bring documents before the court that are relevant to the case. Under Order XI Rule 14 of the CPC, the court may, at any time, order the production of documents referred to in the pleadings or affidavits.

The party must submit such documents at the time of filing the suit or written statement. Failure to produce the document without sufficient cause may prevent its later use in the proceedings.

Inspection of Documents

Procedure and consequences of refusal

The inspection of documents is governed by Order XI Rules 15 to 21 of the CPC. After the discovery and production of documents, the opposite party is entitled to inspect the documents.

The procedure includes:

• Sending a notice for inspection
• Fixing a reasonable time and place for inspection
• Making the documents available for examination

If a party refuses to allow inspection without just cause, the aggrieved party may apply to the court. The court may then:

• Order compliance within a specified time
• Strike out pleadings or dismiss the suit or defence (Rule 21)
• Draw adverse inference against the non-complying party

This ensures transparency and facilitates a fair trial by avoiding surprises during the proceedings.