Code of Civil Procedure, 1908 | Order XXIX

Order XXIX Rule 3 CPC - Power to Require Personal Attendance of an Officer of a Corporation

Order 29 Rule 3 of the Code of Civil Procedure, 1908 empowers a civil court to require a suitable corporate officer to appear personally when that officer may answer material questions concerning a suit involving the corporation.

Text of Order XXIX Rule 3 CPC

Meaning and Scope of Rule 3

The provision concerns litigation by or against a corporation under Order XXIX of the CPC. It gives the court discretion to call an appropriate company secretary, director or other principal officer before it. The officer should be someone who may be able to answer questions material to the dispute.

The words "at any stage of the suit" mean that the court's power is not confined to the trial or evidence stage. Whether attendance is needed depends on the facts of the case and the questions requiring clarification.

Who May Be Required to Attend?

The rule identifies the corporation's secretary, any director or other principal officer. A principal officer is a senior officer occupying a responsible position within the corporation. The relevant test is whether the person may be able to answer material questions relating to the suit, rather than the person's designation alone.

When Can the Court Exercise This Power?

A court may consider requiring attendance where material factual or procedural questions about the corporation's involvement in the litigation need to be answered by an officer with relevant knowledge. The rule authorizes the court to require personal appearance; it does not mean that every corporate director must attend every hearing.

Relationship with Other Provisions

Order XXIX Rule 1 - Signing and Verification of Pleadings

Order XXIX Rule 1 CPC deals with the signing and verification of corporate pleadings by a secretary, director or other principal officer able to depose to the facts. Rule 3 addresses the separate question of requiring an officer's personal attendance.

Order XXIX Rule 2 - Service on a Corporation

Order XXIX Rule 2 CPC addresses service of summons on a corporation, subject to applicable statutory provisions governing service. It is distinct from the court's power under Rule 3 to call an officer to appear.

Order X CPC - Examination of Parties

Order X contains provisions on the court's examination of parties and clarification of matters in controversy. Depending on the circumstances, the court may consider those procedural provisions alongside its powers under Order XXIX Rule 3.

Practical Considerations

A party requesting an officer's attendance should identify the material questions requiring an answer and explain why the proposed officer is likely to have relevant knowledge. The court retains discretion to determine whether the requested personal appearance is necessary and appropriate.

Official Legal Reference

For the statutory text and any applicable amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). State amendments and applicable court rules should also be checked where relevant.

This article provides general legal information and is not a substitute for advice on a particular case.