Order 11 CPC Description 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 cross-examination 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 1[and that court shall decide within seven days from the day of filing of the said application]. 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. 1. Ins. by Act No. 46 of 1999, section 21 (w.e.f. 1-7-2002). 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 cost occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. 4. Form 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. 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, 1[or on the ground of privilege or any other ground], may be taken in the affidavit in answer. 1. Subs, by Act No. 104 of 1976, for certain words (w.e.f. 1-2-1977). 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. 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. 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. 11. Order to answer or answer further Where any person interrogated omits to answer, or answer 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. 15. Inspection of documents referred to in pleadings or affidavits Every party to a suit shall be entitled 1[at or before the settlement of issues] to give notice to any other party, in whose pleadings or affidavits reference is made to any document 2[or who has entered any document in any list annexed to his pleadings] or 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 with 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 an otherwise as the Court shall think fit. 1. Subs, by Act No. 46 of 1999, section 21 for certain words (w.e.f. 1-7-2002). 2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977). 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 notice 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. (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 privilege1[unless the document relates to matters of State.] (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 anyone or more specific documents, to be specified in the application, is or are, or has or have at an 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 stating that in the belief of the deponent the party against whom the application is made has, or has at some time and, in his possession or power the document or documents specified in the application, and that they relate to the matters in questions in the suit, or to some of them. 1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977). 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. Non-compliance with Order for discovery 1[(1)] 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 2[an Order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.] 3[(2) Where an Order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.] 1. Rule 21 renumbered as sub-rule (1) of that rule by Act No. 104 of 1976, (w.e.f. 1-2-1977). 2. Subs, by Act No. 104 of 1976 for "an Order may be made accordingly" (w.e.f. 1-2-1977). 3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977). 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 last-mentioned 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 the persons under disability. HIGH COURT AMENDMENT Karnataka.- In Order XI, after rule 23, insert the following rules, namely- "24. If where inspection has been Ordered out of Court or is to be given out of Court, it found that a satisfactory inspection cannot be obtained, or if it is shown that the documents are being or likely to be tempered with, an application may be made to Court for an Order for the deposit and inspection of the documents in Court. Such application shall be supported by affidavit. Notice of such application shall be given to the party effected thereby and Orders passed only after hearing both sides, if they appear on the date fixed for hearing in the notice, or on any other date to which the hearing of the same may be adjourned thereafter. 25. A defendant upon whom summons to appear and answer the plaint has been served, shall on entering, appearance before filing his written statement be entitled along with his pleader, if any, to inspect all documents to produced with the plaint and lying in the custody of the Court. 26. A plaintiff as well as every defendant on whom summons has been served and who has entered appearance shall be entitled along with his pleader, if any, to inspect all documents produced into Court by any party to the suit." (w.e.f. 30-3-1967)Order 12 CPC - Code of Civil Procedure - ADMISSIONS

 Order 12 CPC Description

1. Notice of admission of case

Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

2. Notice to admit documents

Either party may call upon the other party1[to admit, within 2[seven] days from the date of service of the notice any document,] saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense.

HIGH COURT AMENDMENTS

Allahabad.-

In Order XII, after rule 2,-

(a) after the words "neglect to admit", insert the words "without sufficient cause";

(b) for the word "the" occurring between the words "after such notice" and the words "costs of printing" substitute the words "such special";

(c) after the words "any such document", insert the words "as may be fixed by the Court not exceeding fifty rupees for each document;"

(d) after the words "the result of the suit may be" omit the comma and the words "unless the Court otherwise directs and the semicolon thereafter occurring.

[Vide Notification No. 43/VII-d-29, dated 1-6-1957.]

Patna:- In Order XII, in rule 2, at the end, insert the following words, namely:-

"The Court may allow a penal cost in case of wrongful or unreasonable refusal to admit documents irrespective of the result of the litigation." (w.e.f. 26-7-1972)

1. Subs, by Act No. 104 of 1976 for "to admit any document" (w.e.f. 1-2-1977).

2. Subs. Act No. 46 of 1999, section 22 for "fifteen" (w.e.f. 1-7-2002).

1[2A. Document to be deemed to be admitted if not divided after service of notice to admit documents

(1) Every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice to admit documents, shall be deemed to be admitted except as against a person under a disability :

Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission.

(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation.]

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

3. Form of notice.

A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.

1[3A. Power of Court to record admission

Notwithstanding that no notice to admit documents has been given under rule 2, the Court, may at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall in such a case, record whether the party admits or refuses or neglects to admit such document.]

1. Ins. By Act 66 of 1956, sec. 14 (w.e.f. 1-1-1957)

4. Notice to admit facts

Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs:

Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice :

1[Omitted]

1. Second proviso omitted by Act No. 46 of 1999, section 22 (w.e.f. 1-7-2002).

5. Form of admissions

A notice to admit facts shall be in Form No. 10 in Appendix C, and admissions of facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.

1[6. Judgment on admissions

(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such Order or give such judgment as it may think fit, having regard to such admissions.

(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn upon in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.]

1. Subs, by Act No. 104 of 1976 for rule 6 (w.e.f. 1-2-1977).

7. Affidavit of signature

An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof is required.

8. Notice to produce documents

Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time it was served.

9. Costs

If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby, shall be borne by the party giving such notice.