Order 11 CPC: Discovery and Interrogatories under Civil Procedure Code Introduction In civil litigation, parties often need clarity about the opponent’s case. After the plaintiff files the plaint and the defendant files the written statement, it is sometimes unclear what facts or documents the other side is relying upon. To avoid surprises during trial, the Civil Procedure Code (CPC), 1908 provides a mechanism called discovery under Order 11 CPC. Discovery ensures that both parties disclose relevant facts or documents beforehand, saving time, clarifying issues, and preventing injustice. Meaning of Discovery under CPC The term discovery is not explicitly defined in the CPC, but it generally means: • Compelling the opposite party to reveal facts or documents within their knowledge or possession, which are relevant to the dispute. • It is a form of compulsory pre-trial disclosure of information. Legal Basis of Discovery • Section 30 CPC – Empowers the court to order discovery. • Order 11 CPC – Provides the detailed procedure for discovery. Important Point: Discovery does not allow a party to know the evidence strategy of the opponent, as that could lead to misuse. Instead, it only allows disclosure of relevant facts and documents (facta probanda), not the evidence (facta probantia). Objectives of Discovery The main object of discovery is to: 1. Ascertain the real nature of the opponent’s case. 2. Prevent concealment of material facts. 3. Save time by reducing unnecessary evidence. 4. Support one’s own case or weaken the opponent’s case. Case Law: Raj Narain v. Indira Gandhi (1972 SC) – Discovery can be used either to support one’s case or to destroy the opponent’s case. Types of Discovery under CPC Discovery under Order 11 CPC is of two types: 1. Discovery by Interrogatories (Order 11 Rule 1–11) • One party sends written questions (called interrogatories) to the other party. • The other party must answer them on oath through affidavit. • Helps clarify facts and extract admissions. Example: “Did you receive ₹50,000 on 1 March 2023?” Key Rules: • Rule 1 – Leave of court required to serve interrogatories. • Rule 6 – Objections allowed if questions are irrelevant, scandalous, or mala fide. • Rule 7 – Court may strike out unreasonable or oppressive questions. • Rule 8 – Answers must be given within 10 days or within court’s time limit. • Rule 11 – Court can order answers through affidavit or oral examination. Special Rule: Interrogatories may be served on next friend/guardian in case of minors or persons of unsound mind (Rule 23). 2. Discovery of Documents (Order 11 Rule 12–21) • A party can request the court to order the opponent to disclose documents in their possession/control relating to the dispute. • Opponent must file an affidavit of documents listing relevant papers. • The court may allow inspection of such documents. Example: “Produce all invoices between Jan and March 2023.” Key Rules: • Rule 12 – Application for discovery of documents. • Rule 14 – Court may order production of documents at any stage. • Rule 20 – Discovery may be postponed if premature. • Rule 21 – Non-compliance → plaintiff’s suit may be dismissed or defendant’s defence struck off. Case Law: M.L. Sethi v. R.P. Kapur (1972) – Court can order discovery even if the document is not to be used as evidence, as long as it relates to the dispute. Documents Exempted from Discovery Not all documents can be ordered for discovery. Exemptions include: 1. Documents not admissible in evidence (e.g., unstamped documents). 2. Documents disclosing opponent’s evidence strategy. 3. Privileged documents under Evidence Act (Sections 123–124). 4. Discovery that is oppressive or irrelevant. Consequences of Non-Compliance (Rule 21 CPC) • If plaintiff defaults → suit may be dismissed, fresh filing barred. • If defendant defaults → defence may be struck off. Admission under Order 12 CPC Closely connected with discovery is the concept of admission under Order 12 CPC. • Section 58 of Evidence Act – Facts admitted need not be proved. • Order 12 CPC – Parties can admit facts or documents in pleadings or otherwise. Types of Admissions 1. Admission in pleadings (express or constructive). 2. Admission by agreement of parties. 3. Admission during court examination. 4. Admission on notice. Order 12 Rule 6 – Judgment on Admission • If there is a clear admission, the court can pass judgment without a full trial. • Case Law: Uttam Singh Duggal v. United Bank of India (2000) – Decree can be passed if claim is clearly admitted. Production of Documents under Order 13 CPC • Parties must produce original documents at/before settlement of issues. • Court can reject irrelevant documents (Rule 3). • Admitted documents must be endorsed by court (Rule 4). • Court can impound documents if risk of tampering exists (Rule 8). • Return of documents only after appeal is disposed or limitation expires (Rule 9). Affidavits under Order 19 CPC • An affidavit is a written, sworn statement of facts by a person (deponent). • Used mainly in interlocutory matters like injunctions, receivership, etc. • Must be verified properly, stating facts based on personal knowledge or source of information. Case Law: Barium Chemicals v. Company Law Board (1967) – Improper verification makes affidavit defective. Conclusion Order 11 CPC on Discovery and Interrogatories plays a vital role in ensuring transparency in civil litigation. It prevents surprises, clarifies issues, saves trial time, and ensures fairness. Along with Order 12 (Admissions), Order 13 (Production of Documents), and Order 19 (Affidavits), it strengthens the pre-trial procedure, making the judicial process efficient and effective. For law students, judiciary aspirants, and legal practitioners, understanding discovery is essential for mastering civil trial procedures. To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation…