Order XI Rule 10 CPC - No Exception to Be Taken to Affidavit in Answer
Order XI Rule 10 deals with the judicial assessment of an affidavit filed in answer to interrogatories. It prevents the taking of formal exceptions to the affidavit, while expressly leaving the question of whether the answers are sufficient for determination by the court.
Text of Order XI Rule 10 CPC
The provision is titled "No exception to be taken" and reads:
No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.
This is the rule in Order XI (Discovery and Inspection) of the First Schedule to the Code of Civil Procedure, 1908, applicable subject to the relevant statutory and procedural modifications.
Meaning and legal effect of Rule 10
What is an affidavit in answer?
An affidavit in answer is a sworn statement by which a party responds to interrogatories, meaning written questions delivered to that party in the discovery process with the permission of the court where required. The answers are intended to clarify matters in issue and assist the fair disposal of the suit.
What does "no exception to be taken" mean?
Rule 10 excludes the former practice of taking formal exceptions to an affidavit in answer. It does not make an incomplete, evasive or otherwise insufficient answer immune from scrutiny. Where insufficiency is raised, the court determines whether the affidavit adequately answers the interrogatories that properly require a response.
Who decides whether an answer is sufficient?
The court decides the sufficiency of the answers. A party's dissatisfaction alone does not establish insufficiency; the objection must be considered in light of the questions allowed, the issues in the suit and any legally available grounds for declining to answer.
Procedure when answers are insufficient
- Review the affidavit: Identify the specific interrogatory and the response alleged to be omitted, incomplete or evasive.
- Raise the deficiency before the court: Explain why a further answer is required for an issue in the suit, rather than merely expressing disagreement with the response.
- Seek directions under Order XI Rule 11: Where a person omits to answer or answers insufficiently, the interrogating party may apply for an order requiring an answer or further answer.
- Comply with the court's directions: Under Rule 11, the court may direct an additional answer by affidavit or by oral (viva voce) examination.
Rule 10 concerns the court's assessment of sufficiency; Rule 11 supplies the express mechanism for requiring an omitted or insufficient answer to be completed.
Position in commercial disputes
For suits governed by the Commercial Courts Act, 2015, section 16 and the Schedule substitute a special Order XI dealing with disclosure, discovery and inspection. Its Rule 2 addresses interrogatories, including the sufficiency of affidavits in answer under sub-rule (10) and directions for further answers under sub-rule (11). The corresponding principle therefore also appears in the special commercial-suit procedure, but the applicable provision should be cited according to the nature of the proceeding.
Important: Do not assume that every suit follows the same version of Order XI. Check whether the case is a commercial dispute of specified value and whether any applicable local amendments or court rules modify the procedure.
Official legal sources
Read the Code of Civil Procedure, 1908 on India Code and the Commercial Courts Act amendments on India Code for the statutory text.
This article provides general legal information and is not a substitute for advice based on the pleadings, orders and procedural rules applicable to a particular case.