Power to order discovery and the like. Civil procedure code 1908

The Power to Order Discovery and the Like Under Civil Procedure Code 1908

Discovery is the pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party or parties. This process allows all parties to know what evidence may be presented at trial. In India, the power to order discovery and the production of documents is governed by the Civil Procedure Code 1908.

The provisions relating to discovery and inspection under the Civil Procedure Code are contained in Order XI. The purpose of these provisions is to ensure that all relevant materials are available for the court to decide a case. It also aims to avoid surprises at trial and to promote early settlement of disputes by making full disclosure of all relevant documents and information.

Discovery and inspection can be requested and ordered by the court in various forms, including the production of documents, interrogatories, and the examination of parties. Let’s delve into the specific provisions of the Civil Procedure Code that empower the court to order discovery and the like.

Section 30 – Power to order discovery and the like

Section 30 of the Civil Procedure Code provides the court with the power to order discovery and the production of documents. This section gives the court the authority to issue orders for the examination of parties and witnesses, and for the discovery and inspection of documents. The court can also issue summonses to persons whose attendance is required either to give evidence or to produce documents.

The section specifies that this power can be exercised at any time during the pendency of a suit. It is important to note that the court may use this power on its own motion, or on the application of any of the parties to the suit. The purpose of empowering the court with this authority is to ensure that all relevant evidence is available for the just and equitable decision of the case.

Order XI – Discovery and Inspection

Order XI of the Civil Procedure Code elaborates on the procedure for discovery and inspection. This order lays down the process for the discovery and inspection of documents, as well as the examination of parties by the court.

Discovery and Inspection of Documents

Under Rule 12 of Order XI, a party to a suit may apply to the court for an order to compel another party to make discovery of documents in his possession or under his control. The court may, after hearing the parties, make such order as it deems fit. The party seeking the discovery of documents must specify in his application the documents which he believes are in the possession or power of the opposite party.

After the court makes an order for the discovery and inspection of documents, the party against whom the order is made must, within a specified time, make an affidavit of documents. This affidavit must list all the documents in his possession, custody, or power relating to any matter in question in the proceedings.

Interrogatories

Rule 2 of Order XI allows a party to deliver interrogatories in writing for the examination of another party. Interrogatories are a series of written questions submitted to the opposing party. Such questions must be relevant to the matters in question in the suit. The court may allow or disallow the interrogatories in whole or in part, and in either case, it may set conditions on the delivery of interrogatories.

Examination of Parties by the Court

Rule 4 of Order XI empowers the court to issue a summons to any party for their attendance to be examined on oath. This is done to enable the court to obtain full information, as to the subject matter of the suit by personal examination of parties.

Inspection and Production of Documents

Rule 14 of Order XI allows for the inspection of documents to be provided before the trial. The court may make an order for the inspection and production of any documents or things, and may specify the time, place, and manner of the inspection.

Conclusion

In conclusion, the Civil Procedure Code 1908 provides extensive powers to the court to order discovery and the like. These provisions are aimed at ensuring that all relevant documents and evidence are available to the court for a fair and just decision. The power to order discovery and the production of documents is crucial in the judicial process, as it allows all parties to know what evidence may be presented at the trial.

The provisions of Order XI of the Civil Procedure Code provide a comprehensive framework for the procedure of discovery and inspection. By empowering the court with the authority to issue orders for the examination of parties and witnesses, and for the discovery and inspection of documents, the Code ensures transparency and fairness in the adjudication of disputes.

Overall, the power to order discovery and the like under the Civil Procedure Code is vital in ensuring the fair administration of justice and the protection of the parties’ rights. It also serves as a mechanism for the early settlement of disputes and promotes efficiency in the legal process.