Interrogatories under Order XI of Civil Procedure Code, 1908 has developed its essence and importance in civil litigation but also with increasing significance the misuse and unfruitfulness of using interrogatories has been dealt from this presentation
2. Introduction
Interrogatories are a crucial part of the discovery process in civil litigation.
They are written questions that one party can ask the other party to gather
relevant information about the case. Interrogatories are an essential tool
for parties to learn about the other party's claims, defenses, and evidence.
They help in the fair and efficient resolution of disputes.
The objective of this research project is to examine the relevance of
interrogatories in CPC (Code of Civil Procedure) and their objectives in civil
matters. The project will explore the various aspects of interrogatories and
their significance in civil litigation.
3. Hypothesis
The use of interrogatories in civil litigation can help parties obtain relevant
information and evidence, leading to more efficient and effective resolution of
disputes, but their overuse or abuse can result in increased costs, delays, and
unfairness to the opposing party
4. Relevance
Interrogatories provide a way for parties to obtain information from the
opposing party in a written format. This information can help parties to
better understand the other side's case, and can be used to prepare for
trial or settlement negotiations. Interrogatories in civil procedure code
obtain information by allowing parties to ask written questions to the
opposing party. The answers to these questions are then used to obtain
relevant information and evidence, which can be helpful in preparing for
trial or settlement negotiations
5. Saving Time and Resources
Interrogatories are often seen as an efficient way to obtain
information in civil litigation, as they can save time and resources
compared to other discovery methods. The relevance of this aspect
of interrogatories is supported by several case laws in India
Shree Ambica Agro Industries Ltd v. Saurashtra Chemicals Ltd[1], this case, the Gujarat High
Court held that interrogatories can be an efficient way to obtain information, and can save
time and resources compared to other discovery methods such as inspection. The court
noted that interrogatories can be particularly useful in cases where the parties are dealing
with technical or scientific issues, as they allow the parties to obtain information from
experts without the need for a physical inspection.
In Vishal Batra v. M/s Singhania & Co. case, the Delhi High Court held that interrogatories
can be an efficient way to obtain information, and can save time and resources compared to
other discovery methods such as oral examinations
[1] 1974 AIR 1300.
6. Objective of Interrogatory
1. To clarify the issues in the case: Interrogatories can be used to clarify the issues in dispute between the
parties. The interrogatory can be framed in such a way that it seeks to elicit information that will help to
narrow the issues in the case.
2. To obtain evidence: Interrogatories can be used to obtain evidence from the opposite party. The
interrogatory can be framed in such a way that it seeks to elicit information that will help to establish
the party's case.
3. To limit the scope of discovery: Interrogatories can be used to limit the scope of discovery. The
interrogatory can be framed in such a way that it seeks to elicit information that is relevant to the case
and that is not overly broad.
4. To impeach the credibility of the opposite party
5. To prepare for cross-examination: Interrogatories can be used to prepare for cross-examination. The
interrogatory can be framed in such a way that it seeks to elicit information that will help to challenge
the opposite party's testimony at trial.
7. Conclusion
Interrogatories are a legal tool used in civil procedure to obtain
information from the opposing party in a case. In the Civil
Procedure Code of 1908, interrogatories are authorized under Order
XI. The primary purpose of interrogatories is to assist the parties in
obtaining information relevant to the case. By asking specific
questions, a party can gather information from the opposing party
that may not have been disclosed in initial pleadings or other
documents.