Order 11 MCQ Quiz - Objective Question with Answer for Order 11 - Download Free PDF

The correct answer is Option 2

Key Points

• The provisions related to Discovery and Inspection are contained in Order XI of the Code of Civil Procedure, 1908 (CPC).
• Discovery refers to the process by which a party can obtain information, documents, or facts from the opposing party that are relevant to the case.
• Inspection refers to the right of a party to examine and inspect documents or property in the possession of the other party.
• These procedures help ensure transparency, fairness, and efficiency in civil litigation.
• A party may serve written interrogatories (questions) on the opposing party to obtain relevant facts.
• The opposite party must answer under oath unless the court finds them unnecessary or irrelevant.

The correct answer is option 1.

Key Points

•  Rule 7 of Order 11 says 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.
•  The rule specifies that any application with the purpose of setting aside or striking out interrogatories on the grounds that they have been exhibited unreasonably, vexatiously, or are prolix, oppressive, unnecessary, or scandalous must be made within seven days after the service of the interrogatories.
• This ensures a prompt response to address any concerns regarding the appropriateness or fairness of the interrogatories in question.

The correct answer is Option 4.

Key PointsORDER XI: Disclosure, Discovery and inspection of documents in suits before the commercial division of a high court or a commercial court.

• Rule 4. Admission and denial of documents. —
  • (1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court. 
  • (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:—
    • (a) correctness of contents of a document; 
    • (b) existence of a document; 
    • (c) execution of a document; 
    • (d) issuance or receipt of a document; 
    • (e) custody of a document. 
  • Explanation.––A statement of admission or denial of the existence of a document made in accordance with sub-rule (2) (b) shall include the admission or denial of the contents of a document.
  • (3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court.
  • (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever.
  • (5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. 
  • (6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party. 
  • (7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents. 

The correct answer is option 3.

Key Points

•  Order XI of the Civil Procedure Code, 1908 (CPC), deals with the discovery and inspection of documents in civil litigation in India. This provision is designed to facilitate the process of unveiling relevant facts and documents between the parties involved, thereby ensuring fairness and transparency in legal proceedings. Rule 21 specifically addresses the consequences of non-compliance with orders related to answering interrogatories or for the discovery or inspection of documents.
• Order XI Rule 21 states:
• "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 this effect, and an order may be made accordingly."
• In summary, Order XI Rule 21 of the CPC justifies its provisions by creating a framework that strongly encourages compliance with orders for the answering of interrogatories and for the discovery or inspection of documents. It plays a critical role in the discovery process by outlining clear consequences for non-compliance, thereby supporting the overall aim of the Civil Procedure Code to ensure that litigation is conducted fairly, transparently, and efficiently.

The correct answer is Option 4

 Key Points Order 11, Rule 1 and Order 11, Rule 2 Order 6 of CPC.

ORDER XI – DISCOVERY AND INSPECTION

Rule1. 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.

Rule2. 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.

The correct answer is Option 4

 Key Points Order 11, Rule 1 and Order 11, Rule 2 Order 6 of CPC.

ORDER XI – DISCOVERY AND INSPECTION

Rule1. 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.

Rule2. 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.

The correct answer is option 3.

Key Points

•  Order XI of the Civil Procedure Code, 1908 (CPC), deals with the discovery and inspection of documents in civil litigation in India. This provision is designed to facilitate the process of unveiling relevant facts and documents between the parties involved, thereby ensuring fairness and transparency in legal proceedings. Rule 21 specifically addresses the consequences of non-compliance with orders related to answering interrogatories or for the discovery or inspection of documents.
• Order XI Rule 21 states:
• "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 this effect, and an order may be made accordingly."
• In summary, Order XI Rule 21 of the CPC justifies its provisions by creating a framework that strongly encourages compliance with orders for the answering of interrogatories and for the discovery or inspection of documents. It plays a critical role in the discovery process by outlining clear consequences for non-compliance, thereby supporting the overall aim of the Civil Procedure Code to ensure that litigation is conducted fairly, transparently, and efficiently.

The correct answer is Option 4.

Key PointsORDER XI: Disclosure, Discovery and inspection of documents in suits before the commercial division of a high court or a commercial court.

• Rule 4. Admission and denial of documents. —
  • (1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court. 
  • (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:—
    • (a) correctness of contents of a document; 
    • (b) existence of a document; 
    • (c) execution of a document; 
    • (d) issuance or receipt of a document; 
    • (e) custody of a document. 
  • Explanation.––A statement of admission or denial of the existence of a document made in accordance with sub-rule (2) (b) shall include the admission or denial of the contents of a document.
  • (3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court.
  • (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever.
  • (5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. 
  • (6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party. 
  • (7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents. 

The correct answer is Option 4

 Key Points Order 11, Rule 1 and Order 11, Rule 2 Order 6 of CPC.

ORDER XI – DISCOVERY AND INSPECTION

Rule1. 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.

Rule2. 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.

The correct answer is Option 2

Key Points

• The provisions related to Discovery and Inspection are contained in Order XI of the Code of Civil Procedure, 1908 (CPC).
• Discovery refers to the process by which a party can obtain information, documents, or facts from the opposing party that are relevant to the case.
• Inspection refers to the right of a party to examine and inspect documents or property in the possession of the other party.
• These procedures help ensure transparency, fairness, and efficiency in civil litigation.
• A party may serve written interrogatories (questions) on the opposing party to obtain relevant facts.
• The opposite party must answer under oath unless the court finds them unnecessary or irrelevant.

The correct answer is option 1.

Key Points

•  Rule 7 of Order 11 says 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.
•  The rule specifies that any application with the purpose of setting aside or striking out interrogatories on the grounds that they have been exhibited unreasonably, vexatiously, or are prolix, oppressive, unnecessary, or scandalous must be made within seven days after the service of the interrogatories.
• This ensures a prompt response to address any concerns regarding the appropriateness or fairness of the interrogatories in question.

The correct answer is option 3.

Key Points

•  Order XI of the Civil Procedure Code, 1908 (CPC), deals with the discovery and inspection of documents in civil litigation in India. This provision is designed to facilitate the process of unveiling relevant facts and documents between the parties involved, thereby ensuring fairness and transparency in legal proceedings. Rule 21 specifically addresses the consequences of non-compliance with orders related to answering interrogatories or for the discovery or inspection of documents.
• Order XI Rule 21 states:
• "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 this effect, and an order may be made accordingly."
• In summary, Order XI Rule 21 of the CPC justifies its provisions by creating a framework that strongly encourages compliance with orders for the answering of interrogatories and for the discovery or inspection of documents. It plays a critical role in the discovery process by outlining clear consequences for non-compliance, thereby supporting the overall aim of the Civil Procedure Code to ensure that litigation is conducted fairly, transparently, and efficiently.

Order 11, Rule 21: Non-compliance with order for discovery.

(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 an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.

(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.

Explanation- 21. NON-COMPLIANCE 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 on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard. 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.

The correct answer is Option 2.

Key Points

• Order 11, Rule 20 for our purpose runs as under:--
  • "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."