Order XI Rule 4 CPC: Form of Interrogatories under the Code of Civil Procedure
Order XI Rule 4 of the Code of Civil Procedure, 1908 (CPC), prescribes the form in which interrogatories are to be framed. It refers to Form No. 2 in Appendix C and allows changes to that form when the circumstances require.
What is an interrogatory under Order XI CPC?
An interrogatory is a written question delivered by one party to another in a civil suit, subject to the court's permission under Order XI Rule 1. Interrogatories are intended to obtain answers concerning matters in question in the suit, rather than to conduct unrestricted questioning.
Order XI Rule 4 governs the prescribed format of those questions. It does not, by itself, authorize a party to serve interrogatories without the court's leave.
Order XI Rule 4 CPC - Form of interrogatories
Statutory provision: Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.
The provision makes Form No. 2 the standard drafting model while permitting appropriate adjustments for the facts and parties involved. The source page's duplicated final punctuation has been corrected without changing the substance.
How to prepare interrogatories
Use Appendix C, Form No. 2
The prescribed form supplies a procedural template for identifying the suit, the parties and the written questions to be answered. Each question should be framed clearly and separately so that the responding party can understand what information is sought.
Seek leave and submit proposed questions
Order XI Rule 2 requires the proposed interrogatories to be submitted with an application for leave. The court considers whether the questions are necessary for fairly disposing of the suit or saving costs, including any offer by the opposing party to supply particulars, admissions or documents.
Keep questions relevant and proportionate
Questions should relate to matters in issue. Under Order XI Rule 1, irrelevant interrogatories are not permitted merely because similar questions might be asked in oral cross-examination. The court may also set aside or strike out oppressive, unnecessary or scandalous interrogatories under Order XI Rule 7.
Answers and affidavits
Where interrogatories are permitted, the responding party generally answers by affidavit in accordance with Order XI Rule 8 and the form referred to in Order XI Rule 9, subject to applicable court directions and amendments.
Applicable legislation and official references
The primary enactment is the Code of Civil Procedure, 1908, available through India Code, particularly the First Schedule, Order XI and Appendix C, Form No. 2. Readers should check applicable state amendments and High Court rules, which may affect procedural requirements.
For qualifying commercial disputes, section 16 of the Commercial Courts Act, 2015 and its Schedule modify the CPC. The commercial-suits version of Order XI Rule 4 addresses admission and denial of documents, not the form of interrogatories. See the related commercial Order XI Rule 4 page. The India Code portal provides access to the Commercial Courts Act as well.
Frequently asked questions
Is Form No. 2 in Appendix C mandatory?
Order XI Rule 4 specifies Form No. 2 as the prescribed form but expressly permits variations as circumstances may require.
Can interrogatories be served without permission?
Under ordinary Order XI Rule 1, a party requires leave of the court before delivering interrogatories to an opposite party.
Does this rule govern commercial suits in the same way?
Not necessarily. The substituted Order XI for qualifying commercial disputes uses a different structure. Check the Commercial Courts Act, 2015 and the relevant court's rules.
This article provides general legal information. For proceedings, verify the current text of the law and local procedural rules.