11.6 Discovery and Inspection, Admissions, Settlement of Issues & Commissions (Orders XI, XII, XIV & XXVI)
Key Takeaways
- Interrogatories under Order XI Rule 1 CPC may be delivered only with the leave of the court, and Rule 6 protects a party from answering questions that are scandalous, irrelevant, not bona fide, or that amount to a fishing enquiry.
- Order XII Rule 6 CPC empowers the court, at any stage and on the application of any party or of its own motion, to pronounce judgment on admissions of fact made in the pleadings or otherwise, without waiting to determine any other question.
- Order XIV Rule 1 CPC requires the court to frame issues when a material proposition of fact or law is affirmed by one party and denied by the other; issues of fact and issues of law must be framed and recorded separately.
- Where the court is of opinion that the case may be disposed of on an issue of law alone, Order XIV Rule 2(2) permits it to try that issue first, but only if it relates to the jurisdiction of the court or a bar created by any law.
- Commissions under Section 75 and Order XXVI CPC may be issued to examine witnesses, make local investigations, examine or adjust accounts, make partitions, hold scientific or technical investigations, conduct sale of perishable property, and perform ministerial acts.
Last updated: September 2026
11.6 Discovery and Inspection, Admissions, Settlement of Issues & Commissions
Between the close of pleadings and the recording of evidence sits a body of procedure whose whole object is to narrow the contest. A Civil Judge who uses Orders XI, XII and XIV properly disposes of a third of his board without a trial at all.
Discovery, Interrogatories and Inspection (Order XI CPC)
Interrogatories (Rules 1-11)
- Rule 1: in any suit, the plaintiff or defendant may, with the leave of the court, deliver interrogatories in writing for the examination of the opposite parties. Leave is essential — interrogatories delivered without leave are a nullity.
- Rule 2: on an application for leave, the particular interrogatories proposed must be submitted, and the court decides within seven days. Leave is given only for interrogatories relating to any matter in question in the suit.
- Rule 6 — the four protections: an objection may be taken that an interrogatory is scandalous or irrelevant, or not exhibited bona fide for the purposes of the suit, or that the matters inquired into are not sufficiently material at that stage, or on any other ground. This is the textual home of the rule against a fishing or roving enquiry.
- Rule 8: interrogatories are answered by affidavit to be filed within ten days or such other time as the court allows. Rule 11 permits the court to require a further answer where an answer is insufficient.
- A party may not interrogate as to the opposite party's evidence — the object is discovery of facts, not of the manner in which the opponent will prove them.
Discovery and Inspection of Documents (Rules 12-21)
- Rule 12: any party may apply for an order directing any other party to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question.
- Rule 14: the court may at any time during the pendency of the suit order production of documents in the party's possession or power, relating to any matter in question, and deal with them as it thinks right.
- Rule 15: a party is entitled to give notice to produce for inspection documents referred to in the opponent's pleadings or affidavits.
- Rule 21 — the sanction: failure to comply with an order for discovery, inspection or answers renders the plaintiff's suit liable to dismissal for want of prosecution and the defendant's defence liable to be struck out, leaving him in the position of a defendant who has not defended.
- Privilege is preserved: a party need not disclose a privileged document or answer a question that would expose him to a penalty or forfeiture.
Admissions (Order XII CPC)
| Rule | Provision |
|---|---|
| 1 | Notice of admission of case — a party may give notice that he admits the truth of the whole or part of the case of the other party |
| 2 | Notice to admit documents — a party may call on any other party to admit documents, saving costs |
| 2A | Documents are deemed admitted unless specifically denied in the reply to the notice, though the court may require proof otherwise than by such admission |
| 3A | Power of the court to record an admission of a document |
| 4 | Notice to admit facts, to be answered within six days or such further time as allowed |
| 5 | Form of admission |
| 6 | Judgment on admissions |
| 8 | Notice to produce documents |
Order XII Rule 6 is the operative provision: where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of any party or of its own motion, and without waiting for the determination of any other question between the parties, make such order or give such judgment as it thinks fit. A decree so passed is a decree in the ordinary sense and is appealable.
- The admission must be clear, unambiguous and unconditional. An admission qualified by a plea of adverse possession or by a denial of the relationship on which the claim rests is not a Rule 6 admission.
- The power is discretionary, not obligatory; the word used is "may".
Settlement of Issues (Order XIV CPC)
Rule 1(1): issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Rule 1(2) defines material propositions as those which the plaintiff must allege to show a right to sue or the defendant must allege to constitute his defence.
- Rule 1(3): each material proposition affirmed by one party and denied by the other forms the subject of a distinct issue.
- Rule 1(4): issues are of two kinds — issues of fact and issues of law — and they must be framed and recorded separately.
- Rule 1(5): at the first hearing, after reading the plaint and written statement and after examination under Order X Rule 2, the court shall ascertain upon what material propositions the parties are at variance and thereupon proceed to frame and record the issues.
- Rule 2 — the general rule and its exception: notwithstanding that a case may be disposed of on a preliminary issue, the court shall pronounce judgment on all issues. But under Rule 2(2), where issues both of law and of fact arise and the court is of opinion that the case or any part of it may be disposed of on an issue of law only, it may try that issue first, if that issue relates to (a) the jurisdiction of the court, or (b) a bar to the suit created by any law for the time being in force. No other issue of law may be tried as a preliminary issue.
- Rule 3 lists the materials from which issues may be framed: allegations on oath by the parties or their pleaders, allegations in the pleadings or in answers to interrogatories, and the contents of documents produced by either party.
- Rule 5 allows the court at any time before passing a decree to amend the issues or frame additional issues, and to strike out issues wrongly framed.
Commissions (Section 75 & Order XXVI CPC)
Section 75 empowers the court, subject to conditions and limitations prescribed, to issue a commission:
| Purpose | Order XXVI Rules | Typical Use in a Maharashtra Trial Court |
|---|---|---|
| To examine any person | 1-8 | Examining a witness who is exempt from attendance, resides beyond the court's jurisdiction, or is too ill to attend |
| To make a local investigation | 9-10 | Measuring an encroachment, ascertaining the standing crop, identifying the suit property in a boundary dispute |
| To examine or adjust accounts | 11-12 | Partnership dissolution and mesne profits |
| To make a partition | 13-14 | Final decree proceedings in a partition suit |
| To hold a scientific, technical or expert investigation | 10A | Handwriting comparison, structural stability of a building |
| To conduct sale of property which is subject to speedy and natural decay | 10B | Perishable goods held pending suit |
| To perform any ministerial act | 10C | Computation of interest, preparation of statements |
- Rule 10(2): the report of the Commissioner and the evidence taken by him shall be evidence in the suit and shall form part of the record; the court or any party may, with the court's permission, examine the Commissioner personally.
- A commission for local investigation is not a substitute for evidence the party is bound to lead; it is issued to elucidate a matter in dispute, not to collect evidence for a party who has failed to prove his case.
Test Your Knowledge
A defendant in a money suit admits in his written statement that he borrowed the principal sum but disputes only the rate of interest. The plaintiff applies for judgment on the admission. What is the correct position under the CPC?
A
B
C
D
Test Your Knowledge
Under Order XIV Rule 2(2) CPC, in which of the following situations may a court try an issue of law as a preliminary issue?
A
B
C
D
Test Your Knowledge
A plaintiff delivers interrogatories to the defendant without obtaining the leave of the court, and the defendant objects that they are a fishing enquiry into his evidence. Which statement is correct?
A
B
C
D
Test Your Knowledge
A court issues a commission for local investigation under Order XXVI Rule 9 CPC in an encroachment suit. What is the evidentiary status of the Commissioner's report?
A
B
C
D