Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Interrogatories are written questions that one party, with the court's leave, puts to another party to be answered on affidavit. Rule 2 of the new Order XI, headed "Discovery of interrogatories", sets out how leave is sought, how fast the court must decide, how the answers are given and what happens to improper questions. This article reads Rule 2(1) to (11) as amended up to 3 May 2018, as per the text consulted, for those who may need legal dispute resolution support in a pending commercial suit.
A plaintiff or defendant may deliver interrogatories in writing by leave of the court, with no more than one set to the same party without an order. The court must decide the leave application within seven days of filing. An objection to improper interrogatories can be made within seven days after service, and the answering affidavit is due within ten days or such other time as the court allows. Forms No. 2 and No. 3 in Appendix C to the Code are named for the questions and the answers.
Where Rule 2 sits
Rule 2 is part of the Order XI that paragraph 4(E) of the Schedule substitutes for suits before a Commercial Division or Commercial Court. Rule 1 deals with disclosure of documents; see our article on Order XI Rule 1. The heading of Rule 2 prints "Discovery of interrogatories".
Sub-rule (1): leave and limits
"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."
Two provisos follow, printed running on in the copy consulted:
- No party shall deliver more than one set of interrogatories to the same party without an order for that purpose.
- 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.
So there are three controls: leave of court, one set unless the court orders more, and relevance to matters in question.
Sub-rule (2): the leave application and the seven days
On an application for leave, "the particular interrogatories proposed to be delivered shall be submitted to the court, and that court shall decide within seven days from the day of filing of the said application". In deciding, 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", and leave is 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".
Points to note: the actual questions go to the court with the application; the court decides within seven days; an offer by the other side to give particulars, admissions or documents is weighed; and leave may be partial.
Sub-rule (3): costs of improper interrogatories
In adjusting the costs of the suit, inquiry shall at the instance of any party be made into the propriety of exhibiting the interrogatories. If the taxing officer or the court, with or without an application, thinks the interrogatories were exhibited "unreasonably, vexatiously, or at improper length", the costs occasioned by them and the answers "shall be paid in any event by the party in fault". Our article on costs in commercial suits describes the new section 35.
Sub-rule (4): Form No. 2
"Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require." The Form is named; the text does not reproduce it and this article describes nothing in it.
Sub-rule (5): companies and bodies of persons
Where a party is a corporation or a body of persons, "whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person", an opposite party may apply for an order allowing interrogatories to be delivered to "any member or officer of such corporation or body". So questions to a company are addressed to a member or officer by order.
Sub-rule (6): objections in the answering affidavit
Any objection to answering an interrogatory "on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer."
Sub-rule (7): setting aside or striking out, seven days
Interrogatories may be set aside on the ground that they were exhibited unreasonably or vexatiously, or struck out on the ground that they are "prolix, oppressive, unnecessary or scandalous", and an application for this purpose may be made within seven days after service of the interrogatories.
Sub-rule (8): the ten days
"Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow."
Sub-rule (9): Form No. 3
An affidavit in answer shall be in the form provided in Form No. 3 in Appendix C to the Code, with such variations as circumstances may require. Again the Form is named only.
Sub-rule (10): no exceptions to an answer
"No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court."
Sub-rule (11): failure or insufficient answer
Where a person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring the person "to answer, or to answer further", either by affidavit or by viva voce examination, as the court directs.
The timeline
| Step | Period as printed | Sub-rule |
|---|---|---|
| Court decides the leave application | Within seven days from the day of filing the application | (2) |
| Application to set aside or strike out | Within seven days after service of the interrogatories | (7) |
| Answer by affidavit | Within ten days, or such other time as the court may allow | (8) |
Sub-rules at a glance
| Sub-rule | Subject |
|---|---|
| (1) | Leave of court; one set; relevance |
| (2) | Application, seven-day decision, offers by the other side |
| (3) | Costs of improper interrogatories |
| (4) | Form No. 2 |
| (5) | Corporations and bodies of persons |
| (6) | Objections taken in the answering affidavit |
| (7) | Set aside or strike out within seven days |
| (8) | Answer within ten days |
| (9) | Form No. 3 |
| (10) | No exceptions; sufficiency decided by the court |
| (11) | Order to answer or answer further |
Using interrogatories well
Interrogatories can narrow a case by pinning down facts the other side must admit or deny. Because the court gives leave only for questions it considers necessary for disposing fairly of the suit or saving costs, short, targeted questions are more likely to be allowed than a long list. A party that receives interrogatories should note the seven-day window to ask for them to be set aside or struck out and the ten-day period to answer, and should consider making an offer of particulars or admissions, which the court takes into account under sub-rule (2).
Example. Navrang Tex Ltd sues a dealer for the price of goods and needs to know whether the dealer received the goods on a particular date. It files an application with a short set of questions in Form No. 2. The court decides within seven days and allows three of five questions. The dealer files an affidavit in answer within ten days. Had the dealer thought the questions oppressive, it could have applied within seven days after service to strike them out.
Points to check in the text
- The provisos to sub-rule (1) run on from it in the copy consulted.
- The heading of Rule 2 reads "Discovery of interrogatories".
- Forms No. 2 and No. 3 are named only; the text does not contain them.
- The text does not say what happens to a party that does not answer within ten days, apart from sub-rule (11).
Need help with interrogatories in a pending suit?
Framing or answering interrogatories within short periods needs care. If you need support in a pending commercial suit, see our legal dispute resolution page.
Key takeaways
- Interrogatories need leave of the court, and only one set may go to the same party without an order.
- The court must decide the leave application within seven days of filing.
- An application to set aside or strike out may be made within seven days after service.
- The answering affidavit is due within ten days or such other time as the court allows.
- Improper interrogatories can lead to costs against the party in fault.
Read next
- Order XI Rule 1: disclosure of documents
- Order XI Rules 3 and 4: inspection, admission and denial of documents
- Costs in commercial suits under section 35 CPC
- Affidavit: definition, types, format and legal requirements
Disclaimer: Based on a text of the Commercial Courts Act, 2015 as amended up to 3 May 2018 and on the Ninth Schedule to the Mediation Act, 2023 as enacted, as consulted on 2 October 2026. Later amendments, the current Specified Value, the pre-institution mediation rules and High Court rules should be checked. This article is general information, not legal advice; check the official text before acting.