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The Code of Civil Procedure, 1908: page 115

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 115, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    22. Using answer to interrogatories at trial.—Any party may, at the trial of a suit, use in evidence
any one or more of the answers or any part of an answer of the opposite party to interrogatories without
putting in the others or the whole of such answer :
    Provided always that in such case the Court may look at the whole of the answers, and if it shall be of
opinion that any others of them are so connected with those put in that the last-mentioned answer ought
not to be used without them, it may direct them to be put in.
    23. Order to apply to minors.—This Order shall apply to minor plaintiffs and defendants, and to the
next friends and guardians for the suit of persons under disability.
                                                      *[ORDER XI
     Disclosure, Discovery and inspection of documents in suits before the commercial division of a high
                                      court or a commercial court
    1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
with the plaint, including:—
         (a) documents referred to and relied on by the plaintiff in the plaint;
         (b) documents relating to any matter in question in the proceedings, in the power, possession,
                                                                          e
    control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same
    is in support of or adverse to the plaintiff’s case;            od
         (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only––
                                                             aC
              (i) for the cross-examination of the defendant’s witnesses, or
                                                        di
              (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or
                                                   In
              (iii) handed over to a witness merely to refresh his memory.
    (2) The list of documents filed with the plaint shall specify whether the documents in the power,
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall
also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of
custody of each document.
     (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings
initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does
not have any other documents in its power, possession, control or custody.
    Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth
as set out in the Appendix.
   (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the
above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such
additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that
the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have
any other documents, in its power, possession, control or custody.
    (5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power,
possession, control or custody and not disclosed along with plaint or within the extended period set out
above, save and except by leave of Court and such leave shall be granted only upon the plaintiff
establishing reasonable cause for non-disclosure along with the plaint.


* Subs. by act 4 of 2016, s. 16 and Sch., for Order XI, Shall be applicable to commercial disputes of a specified value
(w.e.f. 23-10-2015).

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