Code of Civil Procedure, 1908 | Order 18

Order XVIII Rule 11 CPC - Questions Objected to and Allowed by Court

Order XVIII Rule 11 of the Code of Civil Procedure, 1908 (CPC) prescribes how a civil court must record an objection when it permits a disputed question to be put to a witness.

Text of Order XVIII Rule 11 CPC

11. Questions objected to and allowed by Court. - Where any question put to a witness is objected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the Court thereon.

Source: India Code - Code of Civil Procedure, 1908 (official PDF).

Meaning and purpose of Rule 11

This rule safeguards the record of witness examination. When a party or the party's advocate objects to a question but the court allows the question, the judge must preserve the objection and the ruling alongside the question and answer. This makes it possible to understand precisely what occurred during the examination and, where relevant, to examine the ruling at a later stage.

What must the judge record?

When the conditions in Rule 11 are met, the record must contain:

The particular question put to the witness.
The witness's answer to that question.
The objection raised against the question.
The name of the party or pleader who raised the objection.
The court's decision on the objection.

The word "shall" indicates that recording these particulars is mandatory when a question is objected to and nevertheless allowed by the court.

When does Order 18 Rule 11 apply?

The rule applies during the examination of witnesses in civil proceedings where a party or pleader objects to a question and the court permits it to be asked. It addresses the making of a proper record; it does not itself determine whether the question is relevant, admissible or protected by privilege. Those issues are governed by the applicable law of evidence and procedural rules.

Practical illustration

During cross-examination in a property dispute, an advocate asks a witness about a disputed transaction. The opposing advocate objects on the ground that the question is irrelevant. The judge overrules the objection and allows the witness to answer. Under Order XVIII Rule 11, the judge must record the question, answer, objection, objector's name and the court's decision.

Order XVIII Rule 10 - Particular questions and answers

Rule 10 allows the court, on its own motion or on application, to record a particular question, answer or objection when a special reason exists. Rule 11 specifically deals with a question that is objected to but allowed.

Order XVIII Rule 4 - Recording of evidence

Rule 4 governs recording of witness evidence, including examination-in-chief by affidavit and recording of cross-examination and re-examination in the manner provided by the rule.

Order XXVI Rule 16A - Objections before a commissioner

When evidence is recorded by a commissioner, Order XXVI Rule 16A contains specific provisions for recording objections and for questions involving privilege. The court's control over the admissibility of recorded answers remains important.

Applicable law of evidence

For proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023, questions of relevance, admissibility and witness examination must be considered under that enactment, subject to its commencement and saving provisions. Proceedings to which the earlier Indian Evidence Act, 1872 continues to apply under the saving provisions require separate consideration.

Frequently asked questions

Does every objection require recording under Rule 11?

Rule 11 expressly addresses a question objected to by a party or pleader which the court allows to be put. Other objections may be recorded under the applicable procedural provisions or court directions.

Can the court allow a question despite an objection?

Yes. The court may reject an objection and allow a question, subject to the applicable law. When it does so in the circumstances covered by Rule 11, the prescribed particulars must be recorded.

Why is the record of the objection important?

It documents the dispute about the question and the court's ruling, helping preserve an accurate record of the examination and facilitating later judicial scrutiny where permissible.

Note: Local High Court rules, amendments and case-specific directions may affect the manner of recording evidence. Consult the applicable court rules and current statutory text for a particular proceeding.