Order XI Rule 2 CPC: Discovery by Interrogatories
Order XI Rule 2, as substituted for commercial disputes of specified value under the Commercial Courts Act, 2015, governs written questions (interrogatories) sent by one party to an opposing party with the court's permission.
Meaning and application of Order XI Rule 2
Interrogatories are written questions directed to an opposing litigant to obtain answers on oath about matters in issue. They are a discovery tool, not an unrestricted substitute for trial cross-examination. Leave of court means judicial permission. A commercial dispute of specified value is a dispute falling within the Commercial Courts Act, 2015 and meeting its applicable value threshold.
The special Order XI provisions were introduced through section 16 and the Schedule to the Commercial Courts Act, 2015. The court should apply the procedural regime governing the particular suit, including any applicable amendments and High Court rules.
Order XI Rule 2: explanation of sub-rules (1) to (11)
Sub-rule (1): Permission and relevance
With the court's leave, a plaintiff or defendant may serve written interrogatories on an opposing party, specifying who must answer each question. A second set to the same party requires a further order. Questions unrelated to matters in issue are irrelevant even if they might be permissible in oral cross-examination.
Sub-rule (2): Court scrutiny within seven days
Proposed interrogatories must accompany the application for leave. The provision directs the court to decide the application within seven days of filing, considering offers to provide particulars, make admissions or produce documents, and permitting only questions necessary for fair disposal or saving costs.
Sub-rule (3): Costs of improper interrogatories
If questions are unreasonable, vexatious or unnecessarily lengthy, the party at fault may be ordered to bear the resulting costs, regardless of the ultimate outcome.
Sub-rule (4): Prescribed form
Interrogatories ordinarily follow Form No. 2 in Appendix C of the CPC, with necessary modifications.
Sub-rule (5): Corporations and bodies
Where a party is a corporation or other body empowered to sue or be sued, the court may permit interrogatories to be addressed to a member or officer of that body.
Sub-rule (6): Objections in answers
The answering party may raise objections in its affidavit, including irrelevance, scandalous content, lack of good faith, insufficient materiality at that stage, privilege or another valid ground.
Sub-rule (7): Striking out improper questions
The court may set aside unreasonable or vexatious interrogatories or strike out those that are lengthy, oppressive, unnecessary or scandalous. An application for this relief may be made within seven days after service.
Sub-rule (8): Affidavit in answer
Answers are to be given by affidavit filed within ten days, or within another period allowed by the court.
Sub-rule (9): Form of affidavit
The affidavit answering interrogatories follows Form No. 3 in Appendix C, subject to suitable variations.
Sub-rule (10): Sufficiency of answers
No formal exception is taken to the answering affidavit; where its sufficiency is disputed, the court determines whether the answers are adequate.
Sub-rule (11): Incomplete or omitted answers
If a person fails to answer or responds inadequately, the interrogating party may apply for an order requiring an answer or further answer, by affidavit or oral examination as directed by the court.
Practical steps for an interrogatories application
- Identify the specific factual issues requiring clarification from the opposite party.
- Draft short, precise interrogatories and identify the intended respondent for each.
- File an application seeking leave, enclosing the proposed questions and explaining their necessity.
- Address alternatives such as admissions, particulars or production of documents.
- After permission and service, comply with the applicable affidavit and objection deadlines or any directions of the court.
- If answers are incomplete, seek an appropriate order rather than treating unanswered questions as automatically proved.
How this differs from Order XI in ordinary civil suits
For suits outside the special commercial procedure, the unamended Order XI Rule 1 provides for discovery by interrogatories with leave of court, while Order XI Rule 2 requires proposed questions to be submitted for scrutiny and allows the court to consider whether they are needed for fair disposal or saving costs. The commercial amendments consolidate and renumber a wider set of interrogatory provisions in Rule 2, including specified timelines. Always identify the governing version before citing a sub-rule.
Official sources and related provisions
Consult the Code of Civil Procedure, 1908 (India Code), the India Code legislation portal for the Commercial Courts Act, 2015, and applicable local court rules. The commercial disclosure provisions under Order XI Rule 1 and the document-production procedure under Rule 5 may also be relevant.
Frequently asked questions
Can interrogatories be served without court permission?
No. Order XI Rule 2(1), in its commercial-disputes form, requires leave of court.
Must a party answer irrelevant or privileged questions?
Valid objections can be stated in the affidavit in answer, and the court may determine the dispute.
Can interrogatories be sent repeatedly?
A second set to the same party requires a specific court order.
This is general legal information. Check the current statutory text, court directions and local amendments for the proceeding concerned.