Code of Civil Procedure, 1908 / Order XI

Order XI Rule 6 CPC - Objections to Interrogatories by Answer

Order XI Rule 6 of the Code of Civil Procedure, 1908 (CPC) permits a party to raise objections to particular interrogatories in its affidavit in answer. It helps ensure that discovery questions remain relevant, legitimate and consistent with applicable privileges.

Scope: This page explains Rule 6 of the ordinary CPC Order XI. In qualifying commercial disputes, the Commercial Courts Act, 2015 substitutes a different Order XI: the corresponding objection provision appears in Order XI Rule 2(6), not commercial Order XI Rule 6 (which concerns electronic records).

Statutory provision - Order XI Rule 6

Objections to interrogatories by answer. Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on the ground of privilege or any other ground, may be taken in the affidavit in answer.

The wording above reproduces the operative substance of the provision. Consult the official CPC text for authoritative wording and applicable local amendments.

Meaning and purpose of Rule 6

Interrogatories are written questions delivered by one party to an opposing party with the leave of the court under Order XI Rule 1. The recipient ordinarily answers them on oath. Rule 6 allows the recipient to state why an individual question should not be answered, rather than treating every permitted interrogatory as automatically requiring a substantive response.

Grounds for objecting to interrogatories

Scandalous: A question that improperly introduces offensive, defamatory or prejudicial allegations without a legitimate connection to the issues in dispute.
Irrelevant: A question that does not relate sufficiently to a matter in issue in the suit.
Not bona fide: A question posed for an improper purpose, such as harassment or fishing for unrelated information, rather than genuinely advancing the suit.
Insufficiently material at that stage: A question seeking information that is not sufficiently important to the issues at the current procedural stage.
Privilege: A question seeking information protected from compulsory disclosure by an applicable legal privilege, including legally protected professional communications where the statutory conditions are met.
Other legally sustainable grounds: The words "any other ground" allow an objection based on another recognised legal reason, subject to the court's scrutiny.

How objections are raised

Review the interrogatories: Identify the specific questions to which an objection applies and the factual or legal basis for each objection.
Prepare the affidavit in answer: State the objection clearly against the relevant question. Avoid blanket objections without an intelligible reason.
File within the prescribed period: Under ordinary Order XI Rule 8, the affidavit is to be filed within ten days or such other time as the court allows.
Follow the prescribed form: Order XI Rule 9 refers to Form No. 3 in Appendix C, subject to variations required by the circumstances.
Comply with further directions: Under Order XI Rules 10 and 11, the court can determine whether the answer is sufficient and, where justified, direct a further answer or examination.

Rule 6 permits an objection to be recorded in the affidavit in answer. Rule 7 separately provides for an application to set aside interrogatories exhibited unreasonably or vexatiously, or to strike out interrogatories that are prolix, oppressive, unnecessary or scandalous. Rule 7 specifies an application period of seven days after service of the interrogatories.

Application to commercial suits

Section 16 and the Schedule to the Commercial Courts Act, 2015 modify CPC procedure for commercial disputes of specified value. In the substituted Order XI, interrogatories and objections are addressed under Rule 2; sub-rule (6) recognises substantially the same grounds for objecting in the affidavit in answer. Commercial Order XI Rule 6 is a separate provision concerning electronic records. The correct procedural framework depends on the nature of the suit and the court hearing it.

Illustrative examples

Example 1: In a suit for recovery of a contractual debt, a question about a party's unrelated family dispute may be challenged as irrelevant or scandalous, depending on its content and context.

Example 2: A demand to disclose a confidential communication with legal counsel may invite a privilege objection if the communication falls within the protection of the applicable evidence law.

Example 3: A broad series of questions intended merely to burden the opponent may warrant an objection under Rule 6 and, where the statutory conditions are met, an application under Rule 7.

Frequently asked questions

Can a party refuse to answer every interrogatory?

Not merely because the questions are inconvenient. Each objection should rest on a sustainable ground, and the court may determine the adequacy of the affidavit or require further answers.

Must objections be made in an affidavit?

Rule 6 expressly permits objections to be taken in the affidavit in answer. The separate procedure for setting aside or striking out interrogatories is provided by Rule 7.

Does Rule 6 apply unchanged in commercial suits?

No. For qualifying commercial suits, the substituted Order XI governs, and the comparable provision is Rule 2(6).

Official legislation and further reading

This article is general legal information. Check the current legislation, local amendments, applicable court rules and judicial orders before relying on a procedural deadline or filing an application.