Interrogatories in CPC (The Code of Civil Procedure, 1908)

Detailed Note on Interrogatories (Long Version)

Introduction:

• Order XI of the Code of Civil Procedure (CPC), 1908, allows for the use of interrogatories, a pre-trial procedure in which formal written questions are served by one party to the other. These interrogatories are designed to uncover facts relevant to the case, enabling the parties to clarify and narrow the issues before trial.
• Interrogatories are governed by Section 30 and Order XI, Rules 1-11, 21, and 22 of the CPC. They aim to ensure that both parties have access to information necessary to build their case, making the trial more efficient.

What are Interrogatories?

• Interrogatories are formal written questions submitted by one party to the other, requiring the opposing party to answer under oath within 10 days.
• The questions must relate to facts, not legal conclusions, and are meant to clarify the case for both parties.
• Interrogatories can only be issued with the court’s permission, which ensures that they are used appropriately.

Objective and Purpose:

1. Clarification of Facts: Interrogatories help clarify factual matters in the case, aiding both parties in understanding the other’s position.
2. Narrowing Issues: By focusing on key facts, interrogatories help reduce the number of disputed issues that need to be addressed during the trial.
3. Strengthening the Case: By forcing the other party to admit or deny specific facts, interrogatories can strengthen one’s case or expose weaknesses in the opponent’s case.
4. Efficiency in Trial: By limiting the number of disputed issues, interrogatories make the trial more focused and efficient.

Permissibility of Interrogatories:

• Allowed Questions:
  • Interrogatories must relate to the facts of the case and should be material to the issues at hand.
  • Interrogatories cannot inquire into privileged or confidential information, such as communications between a lawyer and their client.
• Prohibited Questions:
  • Interrogatories cannot ask about legal conclusions, or inquire into matters that are scandalous, irrelevant, or vexatious.
  • Fishing Expeditions: Interrogatories should not be used for broad, exploratory questions without a clear factual basis.

Procedure to File Interrogatories:

1. Application to the Court: The party wishing to serve interrogatories must apply to the court for permission.
2. Court’s Discretion: The court has the discretion to allow or deny the interrogatories. It will decide whether the interrogatories are appropriate based on their relevance to the case.
3. Service of Interrogatories: Once approved, the interrogatories are served to the opposing party.
4. Response Time: The receiving party must answer the interrogatories within 10 days under oath, unless the court grants an extension.
5. Objections: The receiving party can object to specific interrogatories within 7 days of receiving them if they find them inappropriate or irrelevant.
6. Non-Compliance: If a party fails to answer, the court may take serious actions, including dismissing the suit if the plaintiff is non-compliant or striking out the defense if the defendant fails to respond (Order XI Rule 21).

Types of Interrogatories:

• Permissible Interrogatories:

  • These questions are limited to factual issues and should relate directly to the case at hand.
  • They are used to obtain admissions or clarifications on the opponent’s case, making the facts clear.

• Non-Permissible Interrogatories:

  • Interrogatories that seek privileged information (e.g., lawyer-client communication).
  • Questions asking for legal conclusions, fishing inquiries, or irrelevant and scandalous questions.

Case Laws on Interrogatories:

1. Govind Narayan v. Nagendra Nagada:

   • The Rajasthan High Court emphasized that interrogatories aim to reduce the number of disputed issues, saving time and expenses in the trial process. The court ruled that interrogatories should be allowed early in the trial to ensure efficiency.

2. Samir Sen v. Rita Ghosh:

   • In this case, the court rejected an application for interrogatories that was filed five months after the closure of evidence. The court ruled that interrogatories must be filed at an appropriate stage and not to delay proceedings.

3. Centrient Pharmaceuticals v. Dalas Biotech Ltd.:

   • The Delhi High Court held that interrogatories cannot be used as a fishing expedition to gather irrelevant or confidential business information. The court rejected interrogatories designed to obtain sensitive business documents that were irrelevant to the case.

4. Ram Pravesh Rai v. Sri Rajesh Kumar Singh:

   • The Patna High Court reiterated that interrogatories are allowed only when they help expedite the trial. Interrogatories that are vague or speculative in nature will not be permitted.

Objections to Interrogatories:

• Order XI Rule 6 allows objections to interrogatories based on grounds such as:
  • The questions are scandalous or irrelevant.
  • The interrogatories are not made in good faith for the purpose of the suit.
  • The questions involve privileged information.
• If objections are raised, the court will decide within 7 days whether to allow or disallow the interrogatories.

Interrogatories vs. Cross-Examination:

• Interrogatories take place before trial and focus only on factual matters, whereas cross-examination happens during the trial and can cover a broader range of questions, including legal issues and credibility.
• Interrogatories are more limited in scope and are intended to gather basic factual admissions, while cross-examinations are more probing and flexible.

Judicial Discretion:

• The court has wide discretion in allowing or denying interrogatories. While it is encouraged to allow them to expedite trials, the court must ensure they are relevant and necessary.
• Order XI Rule 22 allows the court to use the answers provided as evidence during the trial. However, the court will first review the answers to ensure they are relevant to the matter in question.

Conclusion:

Interrogatories are a valuable tool in civil litigation, helping to ensure transparency and fairness by allowing both parties to access relevant facts. They streamline the trial process by clarifying disputed issues early on. Courts play a crucial role in regulating the use of interrogatories, ensuring they are used responsibly and for their intended purpose.