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Order XI Rule 13 CPC - Affidavit of Documents

Order XI Rule 13 of the Code of Civil Procedure, 1908 (CPC) prescribes the affidavit to be filed when a court orders discovery of documents under Order XI Rule 12 in an ordinary civil suit. It also requires the party to identify documents that the party objects to producing.

Scope: This explanation concerns the ordinary civil-suit discovery procedure. Commercial disputes of specified value before Commercial Courts or Commercial Divisions are governed by the substituted Order XI framework introduced by the Commercial Courts Act, 2015. Applicable local amendments and court rules should also be checked.

What does Order XI Rule 13 CPC provide?

Rule 13 - Affidavit of documents: A party directed to give discovery under the preceding Rule 12 must make an affidavit of documents, specify any documents to whose production the party objects, and use Form No. 5 in Appendix C, with changes appropriate to the circumstances.

The statutory wording is available in the official India Code text of the Code of Civil Procedure, 1908 (PDF).

Meaning and purpose of an affidavit of documents

An affidavit of documents is a sworn disclosure identifying documents relevant to matters in dispute that are or have been within a party's possession or power. Its purpose is to make the discovery process transparent, help the other side understand what documentary material exists, and identify any claims against production.

Discovery is not the same as production: Listing a document in an affidavit does not necessarily mean it must immediately be handed over. Objections to production may be raised, subject to the court's decision.

What should the affidavit contain?

Form No. 5 in Appendix C provides a structured affidavit with schedules. In substance, it addresses:

  1. Documents relating to the issues that are currently in the party's possession or power.
  2. Documents identified in the schedule that the party objects to producing, together with the grounds for objection.
  3. Documents formerly in the party's possession or power but no longer held, including information about when and how possession ended and, where known, their present whereabouts.
  4. A sworn statement addressing the completeness of the disclosure, subject to the wording of the prescribed form and the circumstances of the case.

The schedules should describe documents clearly enough to distinguish them. The prescribed form can be adapted where the facts require, but the affidavit should remain accurate and consistent with the discovery order.

Procedure under Order XI Rules 12 and 13

  1. Application for discovery: A party may apply under Order XI Rule 12 for an order requiring another party to disclose relevant documents on oath.
  2. Court's consideration: The court may refuse, adjourn, or grant discovery, generally or for specified classes of documents, taking into account whether it is needed for fair disposal or saving costs.
  3. Affidavit: If discovery is ordered, the party directed to disclose documents files an affidavit complying with Rule 13 and Form No. 5, within the time fixed by the court.
  4. Objections and subsequent steps: Objections to producing particular documents are stated in the affidavit. The court may address production, inspection, and compliance under the relevant provisions of Order XI.

Can a party object to producing a document?

Yes. Rule 13 expressly requires the affidavit to specify which documents, if any, the party objects to producing. A claimed objection should identify its legal basis, such as an applicable privilege or other legally recognized ground. Merely asserting an objection does not conclusively determine whether production may be required; the court considers the issue under the applicable law.

  • Order XI Rule 12: Application for discovery of documents.
  • Order XI Rule 14: Court's power to order production of documents.
  • Order XI Rules 15-19: Inspection, notice to produce, and related procedures.
  • Order XI Rule 21: Consequences of failure to comply with discovery or inspection orders, subject to the rule and judicial safeguards.
  • Appendix C, Form No. 5: Prescribed affidavit as to documents.

Commercial suits: an important distinction

Section 16 and the Schedule to the CPC as amended for commercial disputes provide a distinct Order XI regime for disclosure, discovery and inspection in qualifying commercial suits. That regime generally requires document disclosure with pleadings and a Statement of Truth, subject to its own exceptions and court directions. Ordinary Order XI Rule 13 and Form No. 5 should not be assumed to govern commercial suits in the same manner.

Frequently asked questions

Is an affidavit of documents required in every civil suit?

No. Under ordinary Order XI Rule 13, the obligation arises in connection with a discovery order under Rule 12. Other document-filing and disclosure duties may independently apply.

Which form applies under Order XI Rule 13?

Form No. 5 in Appendix C to the CPC, with variations as circumstances require.

Does the affidavit cover documents no longer possessed?

Yes. The prescribed form includes documents that were previously in the party's possession or power and seeks information about their disposal or current location.

Does filing an affidavit prove that its documents are admissible?

No. Discovery and disclosure are procedural steps; admissibility and evidentiary weight are separate questions determined under applicable evidence law.

Official legal source

Code of Civil Procedure, 1908 - India Code (official PDF). Consult the current statutory text, applicable High Court amendments, and court orders before filing.

Updated: 13 October 2026. This article provides general legal information and is not a substitute for case-specific legal advice.