Order XI Rule 9 CPC - Form of Affidavit in Answer to Interrogatories
Order XI Rule 9 of the Code of Civil Procedure, 1908 prescribes the form to be used when a party answers interrogatories on affidavit in an ordinary civil suit.
Text of Order XI Rule 9 CPC
An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require.
The rule links the affidavit answering interrogatories to the model form contained in Appendix C, Form No. 3 of the First Schedule to the CPC. It permits modifications suited to the circumstances of the case; it does not dispense with the obligation to answer interrogatories properly.
Meaning and scope of Rule 9
Interrogatories are written questions delivered by one party to another, with the court's permission where required, as a method of discovery in civil proceedings. An affidavit in answer is a sworn or affirmed statement responding to those questions. Rule 9 regulates the prescribed format of that affidavit, rather than independently determining which interrogatories may be asked.
In an ordinary civil suit governed by the general CPC procedure, the responding party should follow Form No. 3 in Appendix C, adapt it to the permitted interrogatories, and make the required verification or affirmation in accordance with applicable rules and court practice.
What should the affidavit contain?
- Case identification: the court, suit number, and parties' names.
- Deponent's identity: the name and relevant capacity of the person making the affidavit.
- Answers to interrogatories: responses corresponding to the interrogatories served, ordinarily in numbered paragraphs.
- Any permissible objections: objections, where legally available, stated with sufficient clarity under the applicable discovery rules.
- Swearing or affirmation: execution and attestation consistent with the prescribed form and applicable procedural requirements.
These are practical elements of a properly prepared response; the precise wording and structure should be checked against the statutory Form No. 3 and applicable court rules.
Related CPC provisions
Order XI Rule 1 addresses discovery by interrogatories, while Rule 6 deals with objections to interrogatories by answer. Rule 7 concerns setting aside or striking out interrogatories.
Order XI Rule 8 ordinarily requires the affidavit in answer to be filed within ten days, or within another period allowed by the court. Rule 9 addresses its form. Rule 10 addresses the procedure concerning exceptions to answers.
Important distinction for commercial disputes
For commercial disputes of specified value, the CPC as amended by the Commercial Courts Act, 2015 contains a substituted Order XI dealing with disclosure, discovery and inspection of documents. The ordinary Order XI Rule 9 described here should not automatically be applied to such commercial proceedings without checking the special procedural framework and any applicable court rules.
Official legal sources
- India Code - Code of Civil Procedure, 1908 (consult the First Schedule, Order XI and Appendix C).
- India Code - official central legislation database (search for the Commercial Courts Act, 2015 and relevant amendments).
Frequently asked questions
Which form is prescribed by Order XI Rule 9?
Form No. 3 in Appendix C to the First Schedule of the Code of Civil Procedure, 1908, with variations as circumstances may require.
Does Rule 9 prescribe the filing deadline?
No. The ordinary ten-day period, subject to the court allowing another time, is provided under Order XI Rule 8.
Can the prescribed form be adapted?
Yes. Rule 9 expressly allows variations where the circumstances require them.