ORDER XI DISCOVERY AND INSPECTION - RULE 1, 2, 3, 4, 5, 6, 7, 8 OF CODE OF CIVIL PROCEDURE 1908

What is Discovery by interrogatories? What is the meaning Particular interrogatories to be submitted? What is Costs of interrogatories? What is Form of interrogatories? What are Corporations? What are Objections to interrogatories by answer? What is Setting aside and striking out interrogatories? What is Affidavit in answer, filing? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908

Discovery by interrogatories, Particular interrogatories to be submitted, Costs of interrogatories, Form of interrogatories, Corporations, Objections to interrogatories by answer, Setting aside and striking out interrogatories, Affidavit in answer and filing are defined under Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XI of Code of Civil Procedure 1908 "Discovery by interrogatories"

In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer : Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose : Provided also that interrogatories which do not relate to any matters in question in the suit be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

Rule 2 Order XI of Code of Civil Procedure 1908 "Particular interrogatories to be submitted"

On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs.

Rule 3 Order XI of Code of Civil Procedure 1908 "Costs of interrogatories"

In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

Rule 4 Order XI of Code of Civil Procedure 1908 "Form of interrogatories"

Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.

Rule 5 Order XI of Code of Civil Procedure 1908 "Corporations"

Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly.

Rule 6 Order XI of Code of Civil Procedure 1908 "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.

Rule 7 Order XI of Code of Civil Procedure 1908 "Setting aside and striking out interrogatories"

Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories.

Rule 8 Order XII of Code of Civil Procedure 1908 "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.

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