ORDER XI DISCOVERY AND INSPECTION - RULE 9, 10, 11, 12, 13, 14, 15, 16 OF CODE OF CIVIL PROCEDURE 1908

Prior to the substitution of order XI before 23.10.2015 read as under

What is Form of affidavit in answer? What is the meaning No exception to be taken? What is Order to answer or answer further? What is Application for discovery of documents? How to prepare Affidavit of documents? How to do Production of documents? What is Inspection of documents referred to in pleadings or affidavits? What is Notice to produce? Rule 9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908

Form of affidavit in answer, No exception to be taken, Order to answer or answer further, Application for discovery of documents, Affidavit of documents, Production of documents, Inspection of documents referred to in pleadings or affidavits and Notice to produce are defined under Rule 9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 9 Order XI of Code of Civil Procedure 1908 "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 Order XI of Code of Civil Procedure 1908 "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 XI of Code of Civil Procedure 1908 "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.

 

Rule 12 Order XI of Code of Civil Procedure 1908 "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 saying costs.



Rule 13 Order XI of Code of Civil Procedure 1908 "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.

 

Rule 14 Order XI of Code of Civil Procedure 1908 "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.

 

Rule 15 Order XI of Code of Civil Procedure 1908 "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 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 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.

 

Rule 16 Order XII of Code of Civil Procedure 1908 "Notice to produce"

Notice to any party to produce arty documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.