Order XI Rule 17 CPC - Time for Inspection When Notice Is Given

Order XI Rule 17 of the Code of Civil Procedure, 1908 specifies how a party must respond to a notice seeking inspection of documents, the deadline for the response and the place and timing of inspection.

Key rule: The recipient must give a response notice within 10 days of receiving the inspection notice and specify an inspection time within 3 days of delivering the response. The response follows Form No. 8, Appendix C, with suitable variations.

Text of Order XI Rule 17 CPC

The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C; with such variations as circumstances may require.

Source: Code of Civil Procedure, 1908 - official India Code PDF.

Meaning and requirements of Rule 17

The rule works alongside Order XI Rule 15 (inspection of documents mentioned in pleadings or affidavits) and Order XI Rule 16 (notice to produce documents in Form No. 7). It sets out the recipient's response obligations rather than creating a general right to inspect every document held by an opponent.

1. Response within ten days

The party receiving the notice must deliver a response notice within ten days from its receipt. The response should identify the documents available for inspection and any documents withheld.

2. Inspection within three days of the response

The response must state an inspection time falling within three days after the response notice is delivered. The ten-day period is for sending the response; the three-day period concerns the inspection appointment.

3. Where documents may be inspected

Ordinarily, inspection takes place at the office of the responding party's pleader. Bankers' books, other account books and books in continuous business use may instead be inspected at their usual place of custody.

4. Objections must be stated with grounds

The responding party must identify any documents it objects to producing and state the grounds of objection. An objection is not automatically conclusive: where appropriate, the court can decide a subsequent application for inspection.

5. Prescribed form

The response is to be in Form No. 8 of Appendix C to the CPC, with variations appropriate to the circumstances. The initial notice to produce under Rule 16 uses Form No. 7.

Practical procedure for document inspection

Identify documents referred to in the other party's pleadings, affidavits or relevant document lists.
Serve an appropriate notice for inspection under Rules 15 and 16.
Record the date of receipt to calculate the response period.
Within ten days, the recipient sends a notice specifying inspection arrangements and any reasoned objections.
Inspect the available documents at the notified time and place, and record any refusal or difficulty.
If inspection is refused or no proper response is given, consider an application under Rule 18, subject to the court's assessment of necessity.

What if inspection is refused or delayed?

Order XI Rule 18 CPC permits an application for a court order where the responding party does not specify an inspection time, objects to inspection or offers an improper place of inspection. The court may determine the place and manner of inspection, but an order is not to be made insofar as inspection is unnecessary for fair disposal of the suit or saving costs.

Order XI Rule 19 addresses verified copies of entries in business books and certain questions concerning privilege. Consequences of non-compliance depend on the applicable rule, any court order and the facts of the case.

Different rules for commercial disputes

Important distinction: For commercial disputes of specified value governed by the Commercial Courts Act, 2015, the amended Order XI provides a separate regime for disclosure, discovery and inspection. The ordinary Rule 17 timetable should not automatically be applied to those suits.

Under Order XI Rule 3 as applicable to commercial suits, inspection of disclosed documents is ordinarily to be completed within 30 days after the written statement or written statement to a counterclaim is filed, whichever is later. The court may extend the period on application, but by no more than 30 days. The rule also provides for applications where inspection is refused, timelines for orders and provision of copies, and consequences for non-disclosure.

Official text: Commercial Courts Act, 2015 and its Schedule (India Code).

Frequently asked questions

How many days are allowed to reply to an inspection notice?

Under ordinary Order XI Rule 17 CPC, the recipient must deliver the response notice within ten days of receiving the notice.

Does the rule allow ten days to inspect the documents?

No. The ten-day period is for the response notice. That notice must specify an inspection time within three days of its delivery.

Can a party refuse inspection of particular documents?

The party may state objections, identifying the documents and grounds. Whether inspection can ultimately be required may be determined by the court under the applicable provisions.

Does Rule 17 apply in the same way to commercial suits?

No. Commercial suits covered by the Commercial Courts Act follow the substituted Order XI provisions, including Rule 3 on inspection.

Statutory references

This article provides general information about the statutory procedure. Court rules, applicable amendments and judicial directions should be checked for the particular proceeding.