Navigating Interrogatories: Procedures And Rules

Discovery¹ under Civil Procedure means a pre-trial procedural aspect where each party is given an opportunity to obtain evidence from the opposite party or parties. The main purpose of discovery is to make the parties aware of the case that means there shall not be any ambiguity between parties while the trial is going on and the process of evidence and cross examination is shortened. The intent of legislature behind discovery is to ensure that the parties are clear about the Plaint made and issues thereby.

There are various types of discovery-

1. Interrogatories;
2. Requests for Production of Documents and Inspection;
3. Requests for Admissions;
4. Depositions;
5. Subpoenas;
6. Physical and Mental Examinations.

The present article deals with interrogatories as a form of Discovery.

Interrogatories

Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of the Code of Civil Procedure, 1908. Interrogatories are a set of questions that either party can ask the other party through courts permission to get clarity on some facts stated in the Plaint or the Written Statement. There has been a debate over whether asking Interrogatories is good in law or the parties do it to get evidence to make their case stronger. Some courts are of the opinion that they are necessary as they reduce the time of court and the other courts are of the opinion that they should not be done as it may be done to obtain evidence of the opponent's case.

Procedure for Interrogatories

The party that want to ask the questions may apply for leave to the court and submit the proposed interrogatories to the court. The court decides the matter within 7 days of filing the application by the party.² The court takes into consideration the following points

1. Any offer which may be sought by the party to be interrogated to deliver particulars;
2. To make an admission;
3. To produce documents associated with the matters in question;
4. Whether it is necessary in a particular matter, to dispose of the suit fairly or for saving costs.

Within 10 days of the service, the affidavit to answer is filed by the party to whom the interrogatories were asked[3]. If the party fails to comply with such order of the Court, directing inspection through interrogatories, the court has the power to dismiss the suit if the defaulting party is the Plaintiff and if the party is the Defendant, the Court has the power to struck off the defense.⁴

Objections to Interrogatories⁵

Objections can be raised by any of the party through an Affidavit on the following grounds:

1. Questions are Scandalous;
2. Questions are Irrelevant;
3. Questions are not Exhibited bona ide;
4. Matters which are inquired into are not sufficiently material at this stage;
5. On the Ground of Privilege.

Permissible Interrogatories

Interrogatories which are made to be related to "any matters in issue" can be questioned to another party. By "matter" it means a question or an issue which is related to the dispute in the suit. It need not be an issue which arises from the dispute.

Interrogatories shall not be disallowed or discarded merely on the ground that there are other ways to prove the fact in question. Interrogatories are not the same as pleading. They need not be material facts on which party will be relying, they can be evidence by which parties want to establish a particular fact at the trial.

Forbidden Interrogatories⁶

1. If it constitutes evidence of the opposite party;
2. If it involves the disclosure of public information or interests;
3. If it contains any privileged or confidential information.
4. If it is in the nature of fishing or roving enquiries
5. If they are questions in the nature of cross-examination.
6. Questions of law are not permitted.
7. Questions which are not bona fide or irrelevant to the case shall not be asked.

Cases on Interrogatories

In the case of Govind Narayan and Ors vs Nagendra Nagda and Ors⁷ the Rajasthan High Court observed the importance of interrogatories. The court held that it confers wide discretion, at the same time the discretion shall be exercised judiciously. The information asked under interrogatories shall have nexus with the dispute in question. The stage of the suit shall be significantly considered by the court.

In the case of Hiralal M/s. vs Laxmsi Chand ⁸ the Rajasthan High Court held that as long as the interrogatories sought to be served, are relating to and relevant to matters in question having reasonable close connection, the same may be permitted and the mere fact that those facts can be proved by other evidence is no ground for refusing the permission to serve interrogatories.

In the case of Sharda Dhir vs Ashok Kumar Makhija⁹ the Delhi High Court held that Interrogatories cannot be disallowed merely because the party interrogating has other means of proving the facts in question. One of the important purpose of interrogatories is to obtain admission of material fact of a case. Under this rule the Interrogatories may be served with the leave of the court by one party to the other in a suit:

1. To ascertain the nature of his opponent's case and material facts constituting it and
2. To support his own case by obtaining admissions or by impeaching or destroying his opponent's case.

In the case of Tara Batra vs Punam A Kumar & Ors¹⁰ the Delhi High Court held that the very object of the interrogatories is to know the case of the opposite party and to, therefore, shorten the trial and limit the scope of the cross-examination. The Courts should be liberal and should not be hyper-technical in allowing the use of interrogatories in a suit. Interrogatories also enable a party to obtain an admission from the opponent, which reduces the scope of trial and the cost of litigation for the parties. The approach followed by the Trial Court in dismissing the application filed by the petitioner was completely flawed. No exercise has been undertaken to determine whether the interrogatories sought to be delivered on the respondents are relevant or necessary for fair and proper adjudication of the case.

Footnotes

1 Section 30 of the Code of Civil Procedure, 1908

2 Order XI Rule 2 of the Code of Civil Procedure, 1908

3 Order XI Rule 8 of the Code of Civil Procedure, 1908

4 Order XI Rule 21 of the Code of Civil Procedure, 1908

5 Order XI Rule 6 of the Code of Civil Procedure, 1908

6 Order XI Rule 1 of the Code of Civil Procedure, 1908

7 Govind Narayan and Ors vs Nagendra Nagda and Ors 2017 SCC OnLine Raj 3913

8 Hiralal M/s. vs Laxmsi Chand 1993 SCC OnLine Raj 532

9 Sharda Dhir vs Ashok Kumar Makhija AIR 2003 Delhi 288

10 Tara Batra vs Punam A Kumar & Ors (2021) 3 HCC (Del) 347

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