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Order XI Rule 22 CPC - Using Answers to Interrogatories at Trial

Order XI Rule 22 of the Code of Civil Procedure, 1908 explains how a party may rely on the opposite party's answers to interrogatories as evidence during a civil trial, and when the court may require related answers to be considered together.

Key principle: A party may rely on selected answers or portions of an answer to interrogatories. However, the court may direct that connected answers also be put in evidence if considering only the selected extract would be incomplete or misleading.

Text of Order XI Rule 22 CPC

Using answers to interrogatories at trial. Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer:

Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answer ought not to be used without them, it may direct them to be put in.

The above provision is presented for reference; check the current statutory text and applicable court amendments before relying on it in proceedings.

Meaning and scope of Rule 22

Interrogatories are written questions served by one party on an opposing party with the permission of the court under the discovery procedure in Order XI. The answers are ordinarily supplied on affidavit. Rule 22 concerns the subsequent use of those answers as evidence at the trial.

Using an answer in evidence means placing the relevant answer, or an admissible portion of it, before the trial court for consideration. The rule does not require a party to tender every answer merely because one answer is relied upon.

Connected answers are answers whose context materially affects the meaning or fairness of the selected extract. The proviso protects against a misleading or incomplete presentation by allowing the court to require related answers to be produced.

How Order XI Rule 22 operates

  1. Answers already exist: The opposing party has answered interrogatories through the procedure prescribed by Order XI.
  2. Use at trial: A party seeks to rely on one or more answers, or a part of an answer, as evidence.
  3. Selective use is permitted: The party is not automatically required to put all answers into evidence.
  4. Court checks context: The court may examine the complete set of answers to determine whether related answers should accompany the selected material.
  5. Connected material may be directed: If necessary for a fair reading, the court may direct that the connected answers also be put in evidence.

Practical illustration

Suppose a defendant answers an interrogatory by acknowledging receipt of a payment but also states in another connected answer that the amount was received against a different transaction. The plaintiff may seek to rely on the acknowledgement of receipt. The court may examine the connected answer and direct that it also be produced so the evidence is not presented without essential context. The court must still decide what weight the answers deserve in the circumstances of the case.

Relationship with evidence law

Rule 22 is a procedural provision governing the use of interrogatory answers at trial. Questions of relevance, admissions, proof and evidentiary weight are governed by the applicable law of evidence, including the Bharatiya Sakshya Adhiniyam, 2023 for proceedings to which it applies, subject to its commencement and saving provisions. The court's ability to insist on connected answers under Rule 22 is distinct from a final finding on the truth of any particular statement.

For interrogatories in ordinary civil suits, also read the Code of Civil Procedure, 1908, particularly Order XI Rules 1 to 11. Non-compliance with discovery-related orders is addressed in Order XI Rule 21.

Important distinction for commercial disputes

For a commercial dispute of specified value governed by the Commercial Courts Act, 2015, the CPC operates with special amendments, including a substituted Order XI dealing with disclosure, discovery and inspection of documents. The ordinary text of Order XI Rule 22 discussed on this page should not automatically be treated as the governing provision for such commercial suits. Check the amended CPC schedule, the applicable court rules and procedural orders.

Frequently asked questions

Can a party rely on only one answer to interrogatories?

Yes. Rule 22 permits reliance on one or more answers, or part of an answer, without automatically introducing every other answer. The court may nevertheless require connected answers to be included.

Can the court look at answers not initially relied upon?

Yes. The proviso authorizes the court to look at the whole set of answers and direct that connected answers be put in evidence when necessary.

Does every answer to an interrogatory conclusively prove a fact?

No. The evidentiary effect depends on the content of the answer, the applicable evidence law and the surrounding record. Rule 22 governs use of answers, not automatic conclusiveness.

Official legal resources

General legal information only. State amendments, commercial court procedure, subsequent legislative changes and case-specific directions may affect the position.