Order XI Rule 2 CPC: Particular Interrogatories to Be Submitted
Order XI Rule 2 of the Code of Civil Procedure, 1908 regulates how a party seeks permission to put written questions (interrogatories) to an opposing party in an ordinary civil suit. The proposed questions must be submitted to the court, which examines whether they are necessary for a fair disposal of the suit or for saving costs.
Order XI Rule 2: statutory provision and explanation
On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court, and that Court shall decide within seven days from the day of filing of the application.
In deciding the application, the Court shall take into account any offer by the party sought to be interrogated to deliver particulars, make admissions, or produce documents relating to the matters in question. Leave shall be given only for interrogatories that the Court considers necessary for disposing fairly of the suit or saving costs.
The provision requires the applicant to identify the specific proposed questions rather than merely seeking general permission for discovery. The seven-day period is the statutory period for the court's decision; it does not automatically grant permission if the period passes.
How to apply for leave to deliver interrogatories
- Identify disputed issues. Link each proposed question to a matter genuinely in issue in the suit.
- Prepare written interrogatories. Set out the precise questions intended for the opposing party and avoid repetitive or speculative inquiries.
- Apply for leave. File the application and submit the particular interrogatories to the court for examination.
- Address alternatives. Explain why a request for particulars, admissions, or documents would not adequately resolve the issue, if relevant.
- Await the court's decision. Only the interrogatories allowed by the court may be delivered in accordance with its order and the applicable procedural rules.
When will the court allow interrogatories?
The court considers whether a question is relevant to the matters in dispute and necessary either to resolve the case fairly or to reduce litigation costs. The other party's willingness to provide particulars, make admissions or produce documents is expressly relevant. Questions that are oppressive, vexatious or unnecessary may be refused or struck out under related provisions.
Meaning of key terms
- Interrogatories: formal written questions delivered by one litigating party to another, ordinarily answered on oath under the rules.
- Leave of the court: judicial permission required before serving interrogatories.
- Particulars: more specific factual details supplied to clarify an assertion or issue.
- Admissions: acknowledgements of relevant facts or matters that can narrow what remains disputed.
Related CPC rules and commercial disputes
Order XI Rule 1 authorises interrogatories with leave and limits irrelevant questions. Rule 3 addresses costs where interrogatories are unreasonable, vexatious or excessively lengthy. Rule 4 addresses the form, while Rule 6 covers objections in an affidavit in answer and Rule 7 provides for striking out improper interrogatories.
For commercial disputes of specified value, the Commercial Courts Act, 2015 substitutes a special Order XI concerning disclosure, discovery and inspection. Its Rule 2 covers discovery by interrogatories, with detailed requirements. A party must identify the applicable regime before relying on the ordinary CPC rules. Local High Court amendments and procedural directions may also matter.
Official legislation: Code of Civil Procedure, 1908 (India Code); India Code portal for the Commercial Courts Act, 2015.
Frequently asked questions
Must proposed interrogatories accompany the application?
Yes. Rule 2 requires submission of the particular interrogatories proposed to be delivered.
How quickly should the court decide?
The rule provides for a decision within seven days from the date the application is filed.
Can the court permit only some of the questions?
Yes. Leave is confined to questions considered necessary for fair disposal of the suit or saving costs.
Does this rule apply unchanged to commercial suits?
No. Specified-value commercial disputes are subject to the modified procedural framework under the Commercial Courts Act, 2015.
Conclusion
Order XI Rule 2 CPC makes interrogatories a court-supervised method of narrowing disputed issues, not an unrestricted right to question an opponent. A well-focused application should present the exact questions, establish their relevance and explain why they are needed.
General legal information only. Consult the current statutory text, applicable amendments, court rules and orders for a particular proceeding.