What is meant by Discovery? Explain the provisions relating to discovery as laid down in the Code?

Question: What is meant by Discovery? Explain the provisions relating to discovery as laid down in the Code?

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Answer

As per the Civil Procedure Code, 1908, “Discovery” refers to a pre-trial procedural aspect that is meant to provide each of the parties to the suit a reasonable opportunity to obtain the evidence from the opposite party. In simple words, it implies a formal procedure wherein the plaintiff and defendant to the suit get a chance to exchange information regarding the list of witnesses and evidence which are to be presented by the other party during the trial in court.

The main objective behind provisions for “Discovery” in CPC is that the other party is not taken by surprise during the trial. It is the right of the party to be informed prior hand about the evidence and witness which will be presented so that he can prepare his case accordingly.

The main purpose of discovery is to make the parties aware of the case which means there shall not be any ambiguity between parties while the trial is going on. Both the parties shall be clear about the plaint made and issues thereby. The information which is obtained during the discovery is not needed to be admissible in court.

There are various types of discovery as dealt with separately in Order XI of the code. Certain Provisions of discovery under Code are as follows:

• interrogatories;

Section 30 and Order XI Rule 1 to 11, 21, and 22 of CPC cover interrogatories. When, with the leave of the Court, parties administer a set of questions on the other party then it is called ‘Interrogatories’. Interrogatories shall be confined to the facts; it shall not be conclusions of law, construction of words or documents, or inference from facts.

• requests for production of documents and inspection;

When the adversary party is simply compelled to disclose the documents which are under its possession or power, then that is called the discovery of documents. The discovery of documents is covered under Rule 12-14 Order XI of the code.

• Rule 20: Premature discovery

Where the party from whom the discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, Order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

• Rule 21: Non-compliance with Order for discovery

Where any party fails to comply with any Order to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defense, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an Order to that effect and an Order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.

In such a case, where an Order is made dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.

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