Under CPC, this is known as the ‘right to obtain information’ by the parties. Interrogatories shall be confined to the facts, it shall not be conclusions of law, construction of words or documents, or inference from facts. When, with the leave of the Court, parties administer a set of questions on the other party then it is called ‘Interrogatories’. Section 30 and Order XI Rule 1 to 11, 21 and 22 of CPC covers interrogatories. And if the other party is requesting documents then it is the discovery of documents. When such particulars regarding the case are asked through questions, then they are termed as interrogatories. Therefore, it is understood that this procedure is provided to compel the other party to produce documents on which they are relying on, other than the evidence. If they are redundant or overly burdensome, they are not called for discovery. So it is the discretion of the court to decide whether the application is covered as per the scope provided to the section under the code or not.īut there are certain limits to the extensibility of the discovery of the documents. Thereby, the scope or extensibility of applying this section depends upon the nature of the case and material which is asked by the other party. As per the requirement, parties can obtain an order from the court for the discovery of required facts/ documents from the opposite party to understand the purpose of the case. The information which is obtained during the discovery is not needed to be admissible in court. The scope of this section is basically determined by the extent of discovery which can be made by the party with the intervention of the court. Both the parties shall be clear about the plaint made and issues thereby.Ģ) requests for production of documents and inspection Ħ) physical and mental examinations. The main purpose of discovery is to make the parties aware of the case, that means there shall not be any ambiguity between parties while the trial is going on. In other words, we can say that it is a formal process wherein the parties get a chance to exchange information regarding the witnesses and evidence which will be presented before the court during the trial. Under Civil Procedure Code, 1908 discovery basically means a pre-trial procedural aspect wherein each party is given an opportunity to obtain evidence from the opposite party or parties. ![]() Under the procedure of discovery, only Facto Probanda can be asked by the parties. ‘Facto probantia’ – the facts which will be considered as evidence if proven. ![]()
0 Comments
Leave a Reply. |