EXAMINATION OF PARTIES BY THE COURT
1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing
of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such
allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as
are not expressly or by necessary implication admitted or denied by the party against whom they are
made. The Court shall record such admissions and denials.
1[1A The Court may adopt any lawful procedure not inconsistent with the provisions of this Code
to__
(i) Conduct preliminary proceedings and issue orders for expediting processing of the case;
(ii) issue, with the consent of parties, commission to examine witnesses, admit documents and
take other steps for the purpose of trial;
(iii) adopt, with the consent of parties, any alternative method of dispute resolution including
mediation, conciliation or any such other means.]
2. Oral examination of party or companion of party. At the first hearing of the suit, or at any
subsequent hearing, any party appearing in person or present in Court, or any person able to answer
any material questions relating to the suit by whom such party or his pleader is accompanied, 2[shall]
be
examined orally by the Court; and the Court may, if it thinks fit, put in the course of such
examination questions suggested by either party.
3. Substance of examination to be written. The substance of the examination shall be reduced to
writing by the Judge, and shall form part of the record.
4. Consequence of refusal or inability of pleader to answer.__ (1) Where the pleader of any
party who appears by a pleader or any such person accompanying a pleader as is referred to
1Ins. by ord. 34 of 02, s.3.
2Subs. by Act XIV of 1994, s.11
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in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is
of opinion that the party whom he represents ought to answer, and is likely to be able to answer if
interrogated in person, the Court may postpone the hearing of the suit to a future day and direct that
such party shall appear in person on such day.
(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court
may pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
_________
ORDER XI
DISCOVERY AND INSPECTION
1. 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 shall be deemed irrelevant,
notwithstanding that they might be admissible on the oral crossexamination
of a witness.
2. 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.
3. 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 costs occasioned by the said
interrogatories and the answers thereto shall be paid in any event by the party in fault.
4. Forms of interrogatories. Interrogatories shall be in Form No.2 in Appendix C, with such
variations as circumstances may require.
5. 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.
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6. 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 any other ground, may be
taken in the affidavit in answer.
7. 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.
8. 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.
9. Forms 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.
10. No exception to be taken. No exception 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.
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 him to
answer, or to answer further, as the case may be. And an order may be made requiring him to answer
or answer further, either by affidavit or by viva voce examination, as the Court may direct.
12. Application for discovery of documents. Any party may, without filing any affidavit, apply to
the Court for an order directing any other party to any suit to make discovery on oath of the documents
which are or have been in his possession or power, relating to any matter in question therein. On the
hearing of such application the Court may either refuse or adjourn the same, if satisfied that such
discovery is not necessary, or not necessary at that stage of the suit, or make such order, either
generally or limited to certain classes of documents, as may, in its discretion, be thought fit: Provided
that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not
necessary either for disposing fairly of the suit or for saving costs.
13. Affidavit of documents. The affidavit to be made by a party against whom such order as is
mentioned in the last preceding rule has been made, shall specify which (if any) of the documents
therein mentioned he objects to produce, and it shall be in Form No.5 in Appendix C, with such
variations as circumstances may require.
14. Production of documents. It shall be lawful for the Court, at any time during the pendency of
any suit, to order the production by any party thereto, upon oath, of such of the documents in his
possession or power, relating to any matter in question in such suit, as the Court shall think right; and
the Court may deal with such documents, when produced, in such manner as shall appear just.
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15. Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall be
entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made
to any document, to produce such document for the inspection of the party giving such notice, or of his
pleader, and to permit him or them to take copies thereof; and any party not complying with such
notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit
unless he shall satisfy the Court that such document relates only to his own title, he being a defendant
to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not
complying with such notice, in which case the Court may allow the same to be put in evidence on such
terms as to costs and otherwise as the Court shall think fit.
16. Notice to produce. Notice to any party to produce any documents referred to in his pleading or
affidavits shall be in Form No.7 in Appendix C, with such variations as circumstances may require.
17. Time for inspection when notices given. The party to whom such notice is given shall, within
ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time
within three days from the delivery thereof at which the documents, or such of them as he does not
object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or
other books of account or books in constant use for the purposes of any trade or business, at their usual
place of custody, and stating which (if any) of the documents he objects to produce, and on what
ground. Such notice shall be in Form No.8 in Appendix C, with such variations as circumstances may
require.
18. Order for inspection.__ (1) Where the party served with notice under rule 15 omits to give
such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at
the office of his pleader, the Court may, on the application of the party desiring it, make an order for
inspection in such place and in such manner as it may think fit: Provided that the order shall not be
made when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly
of the suit or for saving costs.
(2) Any application to inspect documents, except such as are referred to in the pleadings,
particulars or affidavits of the party against whom the application is made or disclosed in his affidavit
of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that
the party applying is entitled to inspect them, and that they are in the possession or power of the other
party. The Court shall not make such order for inspection of such documents when and so far as the
Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving
costs.
19 Verified copies.__ (1) Where inspection of any business books is applied for the Court may, if
it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to
be furnished and verified by the affidavit of some person who has examined the copy with the original
entries, and such affidavit shall state whether or not there are in the original book any and what
erasures, interlineations or alterations: Provided that, notwithstanding that such copy has been
supplied, the Court may order inspection of the book from which the copy was made.
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(2) Where on an application for an order for inspection privilege is claimed for any document, it
shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of
the claim of privilege.
(3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of
documents shall or shall not have already been ordered or made, make an order requiring any other
party to state by affidavit whether any one or more specific documents, to be specified in the
application, is or are, or has or have at any time been, in his possession or power; and, if not then in his
possession, when he parted with the same and what has become thereof. Such application shall be
made on an affidavit stated that in the belief of the deponent the party against whom the application is
made has, or has at sometime had, in his possession or power the document or documents specified
in the application, and that they relate to the matters in question in the suit, or to some of them.
20. Premature discovery. Where the party from whom discovery of any kind or inspection is
sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the
discovery or inspection sought depends on the determination of any issue or question in dispute in the
suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be
determined before deciding upon the right to the discovery or inspection, order that such issue or
question be determined first, and reserve the question as to the discovery or inspection.
21. Noncompliance
with order for discovery. Where any party fails to comply with any order to
answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to
have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck
out, and to be placed in the same position as if he had not defended, and the party interrogating or
seeking discovery or inspection may apply to the Court for an order to that effect, and an order may be
made accordingly.
22. Using answers to interrogatories at trial. Any party may, at the trial of a suit, use in evidence
any one or more of the answers or any part of an answer of the opposite party to interrogatories
without putting in the others or the whole of such answer: Provided always that in such case the Court
may look at the whole of the answers, and if it shall be of opinion that any others of them are so
connected with those put in that the lastmentioned
answers ought not to be used without them, it may
direct them to be put in.
23. Order to apply to minors. This order shall apply to minor plaintiffs and defendants, and to the
next friends and guardians for the suit of persons under disability