Order XI Rule 11 CPC: Order to Answer or Answer Further
Order XI Rule 11 of the Code of Civil Procedure, 1908 (CPC) enables a party who has served interrogatories to seek a court direction when the person questioned fails to answer or gives an insufficient answer. The court may require a proper response by affidavit or oral examination.
Text of Order XI Rule 11 CPC
Where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination, as the Court may direct.
Source: Code of Civil Procedure, 1908 (official India Code PDF).
Meaning and legal effect
Interrogatories are written questions addressed to an opposing party, with the court's permission, to obtain information relevant to the matters in dispute. Order XI Rule 11 addresses a failure to answer such questions adequately; it does not itself authorize unrestricted questioning.
- Omission to answer: A person required to answer an interrogatory leaves it unanswered.
- Insufficient answer: A response does not adequately address the question that properly requires an answer.
- Affidavit: A written statement of facts sworn or affirmed in the legally prescribed manner.
- Viva voce examination: Oral examination before the court as directed by the court.
How an application under Rule 11 works
- Identify the interrogatory: Specify the question served under the applicable discovery procedure.
- Explain the deficiency: Show which answer is absent, incomplete or evasive and why a further answer is relevant to the issues in the suit.
- Apply to the court: Request an order directing the person interrogated to answer or answer further.
- Follow the court's direction: The court decides whether further response is necessary and whether it should be provided by affidavit or through oral examination.
The court exercises discretion in determining whether a further answer is justified. Questions must remain within the scope of permissible interrogatories; objections such as irrelevance or privilege may require consideration under the applicable rules.
Related provisions of Order XI
Rule 1 governs discovery by interrogatories with leave of court. Rule 6 concerns objections to interrogatories by answer. Rule 8 provides for an affidavit in answer, ordinarily within ten days or another time allowed by the court. Rule 10 concerns judicial determination of the sufficiency of an affidavit in answer. Rule 21 addresses non-compliance with certain discovery-related orders, subject to its terms and the applicable law.
Important distinction: commercial suits
See the Commercial Courts Act, 2015 (official text and Schedule). Applicability also depends on the nature of the proceeding and relevant amendments or procedural rules.
Practical example
Suppose a defendant is permitted to ask a plaintiff, through interrogatories, to identify a material transaction. If the plaintiff leaves the question unanswered or responds without the necessary particulars, the defendant may apply under Rule 11 for a direction to provide a sufficient answer. The court may allow or reject the request after considering the question's relevance and any valid objection.
Frequently asked questions
Can a court order a further answer to interrogatories?
Yes. Under ordinary Order XI Rule 11 CPC, the court may require an omitted or insufficient answer to be supplied or supplemented.
Must the further answer always be in writing?
No. The court may direct an answer by affidavit or by viva voce (oral) examination.
Does ordinary Order XI Rule 11 apply unchanged to commercial suits?
No. Commercial suits governed by the special procedural regime use the substituted Order XI under the Commercial Courts Act, including Rule 2(11).
Official legal references
India Code: Code of Civil Procedure, 1908 | CPC full text | Commercial Courts Act, 2015
General legal information. Check applicable state amendments, court rules and the latest statutory text before relying on a provision in proceedings.