Code of Civil Procedure, 1908 | Order XI | Discovery and Inspection
Order XI Rule 8 CPC - Affidavit in Answer, Filing and Time Limit
Order XI Rule 8 of the Code of Civil Procedure, 1908 (CPC) prescribes the time for filing an affidavit answering interrogatories served in civil proceedings. The ordinary period is ten days, subject to a different period allowed by the court.
Order XI Rule 8 CPC: Statutory provision
Heading: Affidavit in answer, filing.
Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow.
This is the rule in the First Schedule to the CPC governing the filing of answers to interrogatories under the ordinary discovery procedure.
Meaning of Order XI Rule 8 CPC
Interrogatories are written questions that a party may, with the court's permission under Order XI Rule 1, put to an opposing party about matters in issue in the suit. An affidavit in answer is a sworn written response to those questions, filed in court.
Rule 8 requires the party directed to answer interrogatories to submit the answers by affidavit within ten days, unless the court permits another period. The provision expressly gives the court discretion over the time allowed.
Time for filing the affidavit
The rule specifies ten days as the ordinary filing period. Parties should follow the applicable order of the court, including any different deadline expressly fixed or allowed by it. Where more time is required, the concerned party should seek an appropriate direction from the court rather than assume an automatic extension.
Contents and form of the answer
The affidavit should respond to the interrogatories as directed, identify the proceedings and the person making the affidavit, and comply with the prescribed form and applicable rules on affidavits. Order XI Rule 9 refers to Form No. 3 in Appendix C, subject to variations required by the circumstances.
Related provisions under Order XI CPC
Rule 1 - Discovery by interrogatories: A plaintiff or defendant may seek the court's leave to deliver written interrogatories to an opposite party, subject to the rule's restrictions.
Rule 6 - Objections to interrogatories by answer: Objections, including relevance, privilege or other recognised grounds, may be raised in the affidavit in answer.
Rule 7 - Setting aside or striking out interrogatories: The court may set aside unreasonable or vexatious interrogatories or strike out interrogatories that are oppressive, unnecessary, scandalous or excessively lengthy, subject to the applicable procedure.
Rule 9 - Form of affidavit in answer: Form No. 3 in Appendix C is the prescribed model, with necessary variations.
Rule 10 - Sufficiency of answers: The court determines whether an affidavit objected to as insufficient provides adequate answers.
Rule 11 - Order to answer or answer further: If answers are omitted or insufficient, the interrogating party may apply for an order requiring an answer or further answer, by affidavit or oral examination as directed by the court.
Application in commercial disputes
Commercial disputes of the specified value are subject to the special CPC amendments introduced by the Commercial Courts Act, 2015. The substituted Order XI for commercial suits contains a separate discovery framework; its Rule 2(8) likewise provides for answers to interrogatories by affidavit within ten days or another period allowed by the court. The procedural provision applicable to a particular case must be identified with reference to the court, nature of the suit and applicable amendments.
Frequently asked questions
What is the filing time under Order XI Rule 8 CPC?
The ordinary period is ten days, or another period allowed by the court.
Can the court allow more than ten days?
Yes. Rule 8 expressly permits the court to allow a different period.
Are answers to interrogatories required on affidavit?
Yes. Order XI Rule 8 requires answers to be filed by affidavit.
Which form is used for the affidavit in answer?
Order XI Rule 9 refers to Form No. 3 in Appendix C to the CPC, with variations as circumstances require.
What if the answers are incomplete?
Under Order XI Rule 11, the interrogating party may seek an order requiring further answers. The court decides whether further answers are necessary.
Official legal sources
Read the Code of Civil Procedure, 1908 (India Code, official PDF) and the updated CPC text including commercial court amendments (India Code).
This article provides general legal information, not case-specific legal advice.