Civil procedure | Commercial litigation

Order XI Rule 4 CPC: Admission and Denial of Documents in Commercial Suits

Order XI Rule 4 of the Code of Civil Procedure, 1908, as applicable to specified commercial disputes, governs how parties formally admit or deny disclosed documents after inspection. It identifies the matters to be addressed, requires reasons for denials and permits costs for unjustified refusal to admit documents.

Scope: This is the substituted Order XI applicable to commercial disputes of a specified value under the Commercial Courts Act, 2015, read with its Schedule. It should not be confused with the ordinary CPC rules on admission and denial of documents in non-commercial suits.

Order XI Rule 4: Statutory provision

The following text reproduces the substantive provision presented on this page, with formatting improved for readability.

(1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court.

(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:-

(a) correctness of contents of a document;

(b) existence of a document;

(d) issuance or receipt of a document;

(e) custody of a document.

Explanation.- A statement of admission or denial of the existence of a document made in accordance with sub-rule (2) (b) shall include the admission or denial of the contents of a document.

(3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court.

(4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever.

(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement.

(6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria, - costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party.

(7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents.

Meaning and requirements of Rule 4

1. Time for filing admissions and denials

Each party must file its statement within 15 days after completion of inspection, unless the court fixes a later date. The statement addresses documents disclosed in the proceedings and inspected by the parties.

2. Five matters that must be addressed

The statement must expressly admit or deny the correctness of contents, existence, execution, issuance or receipt, and custody of each document. Under the explanation to sub-rule (2), admission or denial of existence includes admission or denial of contents for that purpose.

3. Reasons for denial and third-party documents

Under sub-rule (3), denials ordinarily require stated reasons. Unsupported denials may be disregarded, and the court may dispense with proof. Sub-rule (4) permits bare denials for third-party documents where the denying party has no personal knowledge and is not a party to the document in any manner.

4. Supporting affidavit

Sub-rule (5) requires an affidavit confirming the correctness of the statement of admissions and denials. Parties should ensure that the statement and affidavit are consistent with the inspected documents.

5. Costs and orders on admitted documents

Where a party unduly refuses to admit a document, the court may impose costs, including exemplary costs, under sub-rule (6). Under sub-rule (7), the court may make appropriate orders on admitted documents, including waiver of further proof or rejection of documents.

Practical significance in commercial suits

Document admission and denial narrows disputed facts and avoids unnecessary formal proof. Parties should identify documents individually, review the inspected record, make specific admissions or reasoned denials, and file the supporting affidavit within the court's timeline. Admitting a document for the purposes of Rule 4 does not necessarily determine every issue of relevance, evidentiary weight or legal effect.

Related law and official sources

Commercial Courts Act, 2015 - India Code (see Section 16 and the Schedule amending CPC for commercial disputes).
Code of Civil Procedure, 1908 - India Code.
CPC sections, orders and rules - LawDadi.

Legal information only. Applicable amendments, procedural directions and court orders should be checked for the particular proceeding.