Order XI CPC Rules 9-16: Discovery and Inspection of Documents
Order XI of the Code of Civil Procedure, 1908 deals with discovery and inspection in ordinary civil suits. Rules 9 to 16 cover the form and sufficiency of answers to interrogatories, discovery on oath, affidavits of documents, production, inspection and notice to produce.
Order XI Rules 9, 10, 11, 12, 13, 14, 15 and 16
These rules address the form of an affidavit in answer, objections to sufficiency, orders to answer further, discovery of documents, affidavits of documents, production of documents, inspection of documents referred to in pleadings or affidavits, and notice to produce.
Rule 9 - Form of affidavit in answer
An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require.
Rule 10 - No exception to be taken
No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.
Rule 11 - Order to answer or answer further
Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring that person to answer, or to answer further, as the case may be. The Court may require the answer or further answer to be given either by affidavit or by viva voce examination, as it may direct.
Rule 12 - Application for discovery of documents
Any party may, without filing any affidavit, apply to the Court for an order directing another party to a suit to make discovery on oath of documents which are or have been in that party's possession or power and which relate to any matter in question in the suit. On hearing the application, the Court may refuse or adjourn it if discovery is not necessary, or is not necessary at that stage, or may make such general or limited order as it considers appropriate.
Discovery shall not be ordered insofar as the Court considers it unnecessary either for fairly disposing of the suit or for saving costs.
Rule 13 - Affidavit of documents
The affidavit made by a party against whom an order under Rule 12 has been passed shall specify which, if any, of the documents mentioned are objected to being produced. The affidavit shall be in Form No. 5 in Appendix C, with such variations as circumstances may require.
Rule 14 - Production of documents
The Court may, at any time during the pendency of a suit, order a party to produce on oath such documents in that party's possession or power relating to any matter in question in the suit as the Court considers appropriate, and may deal with the documents produced in such manner as appears just.
Rule 15 - Inspection of documents referred to in pleadings or affidavits
A party to a suit may give notice to another party whose pleadings or affidavits refer to a document, or who has entered a document in a list annexed to the pleadings, requiring production of that document for inspection and permitting copies to be taken.
A party who does not comply with such notice may be prevented from later putting that document in evidence on that party's behalf, unless the Court is satisfied that the document relates only to the defendant's own title or that some other sufficient cause or excuse existed for non-compliance. The Court may then allow the document to be used on such terms as to costs and otherwise as it considers fit.
Rule 16 - Notice to produce
Notice to a party to produce documents referred to in that party's pleadings or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.