Order XI Rule 5 CPC - Corporations
Order XI Rule 5 of the Code of Civil Procedure, 1908 (CPC) enables a party in a civil suit to request the court's permission to address written interrogatories to a member or officer of an opposing corporation or other legally recognised body of persons.
Text of Order XI Rule 5 CPC - Corporations
Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly.
Meaning and explanation
Corporation: An incorporated legal entity, such as a company, that can participate in legal proceedings in accordance with applicable law.
Body of persons: A group or association, incorporated or unincorporated, that is legally empowered to sue or be sued, either in its own name or through an authorised officer or other person. The rule does not automatically extend to every informal group.
Interrogatories: Written questions submitted under the court-supervised discovery process for answers on oath about matters in issue in the suit.
Opposite party: A party litigating against the corporation or body of persons. That party may ask the court to direct interrogatories to an appropriate member or officer.
Purpose of Rule 5
A company or other legal body acts through natural persons. Rule 5 provides a mechanism for obtaining relevant information from its members or officers where the organisation itself is a litigating party. The provision supports clarification of disputed facts, efficient preparation of the case and fair disposal of the suit.
How an application under Order XI Rule 5 works
- Identify the corporate party: Establish that the opposing party is a corporation or a body legally entitled to sue or be sued.
- Prepare relevant questions: Draft specific interrogatories relating to matters in question in the suit.
- Apply for permission: Seek an order allowing interrogatories to be delivered to an identified member or officer. The request is considered with the general requirements of Order XI.
- Obtain the court's order: The court may allow appropriate questions and refuse or limit unnecessary, oppressive or irrelevant ones.
- Obtain answers: Where permitted, the questions are answered in the manner and within the time governed by the applicable procedural rules and court order.
Related provisions of Order XI
Rule 1 - Discovery by interrogatories: Generally requires the court's leave for delivery of written interrogatories and limits questions to matters in issue.
Rule 2 - Particular interrogatories: Requires proposed questions to be submitted to the court for scrutiny of necessity and relevance.
Rule 4 - Form: Refers to Form No. 2 in Appendix C, subject to appropriate variations.
Rule 6 - Objections: Allows objections, including irrelevance, privilege and lack of bona fides, in the affidavit in answer.
Rule 7 - Setting aside or striking out: Provides protection against unreasonable, vexatious, oppressive or unnecessary interrogatories.
Rules 8 and 9 - Answers: Deal with filing the affidavit in answer and its prescribed form.
Rule 11 - Further answers: Enables a party to request an order for an answer or further answer where responses are omitted or insufficient.
Important distinction for commercial suits
In qualifying commercial disputes governed by the Commercial Courts Act, 2015, the Schedule substitutes a specialised Order XI for the ordinary CPC discovery provisions. The corresponding corporate-interrogatories provision appears in Order XI Rule 2(5) of that substituted framework. In that framework, Order XI Rule 5 concerns production of documents, not corporations. It is therefore essential to identify whether the case is an ordinary civil suit or a commercial suit before citing the applicable rule.
Practical example
Suppose a company is sued over a disputed contractual representation. The opposing party may seek leave to deliver focused interrogatories to an appropriate company officer about the representation and the officer's knowledge of it. Whether those questions are allowed depends on their relevance, necessity, the applicable procedural framework and the court's discretion.
Official statutory references
Read the Code of Civil Procedure, 1908 (India Code PDF), the CPC entry on India Code, and the Commercial Courts Act, 2015 (official PDF).
This article explains the central statutory provisions for general information. Applicable state amendments, court rules and subsequent legal developments should be checked for the particular proceeding.