Discovery and

Inspection

By Sanya Agrawal
 Meaning and Object
A pre-trialprocedural aspect wherein each party is given an
opportunity to obtain evidence from the opposite party or parties. 

In other words, 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.

Objective: 
there shall not be any ambiguity
to make the parties aware of the Both the parties shall be clear about
between parties while the trial is
case,  the plaint made and issues thereby.
going on. 
State Bank of India v. S.N. Goyal
• (2008) 8 SCC 92
• One fact came to light by the examination of a witness in
the case. The court held, if a new fact has come to light,
it is the duty of the parties to include it within his
pleading and make an amendment regarding the same. The Code
contains appropriate provisions regarding these things and
parties should avail those provisions.
Types

Discovery of Fact: Interrogatories

Section 30 and Order XI, Rule 1 to 11

Discovery of Documents

Order XI, Rule 12 to 14

When the particulars regarding the case are asked through questions, then they
are termed as interrogatories.

And if the other party is requesting documents, then it is the discovery of

documents.
Objective of Interrogatories
To determine the nature of the case when it is
not clear from the suit filed.

To make own case stronger by making the other

party do admissions.

To destroy the case of the opponent.

 • Rule 1: Set of Questions by one party to another
+ With leave of court
+ Related to matter in question
• Rule 2: court shall decide the matter within 7
days of filing the application by the party
• While deciding the matter the court shall take
into consideration the following points:
+ Any offer which may be sought by the party to be
Rules for interrogated to deliver particulars;
+ To make an admission; 

Interrogatories + To produce documents associated with the matters

in question; or
+ Any of them
Other Rules

Rule 4: Form of Interrogatories; Appendix C Form

Form No. 2 of CPC

Rule 8: Time for answers to interrogatories is 10

Time days with affidavit

Rule 9: Form of answers to interrogatories;

Form Appendix C, Form No. 3 of CPC
Against whom
interrogatories allowed?

• Rule 5
• Any Natural person
• Artificial Person:
+ Body of persons
+ Corporation
 Scandalous; 

Objections to Irrelevant;

Interrogatories not exhibited bona fide for the

purpose of the suit;

that the matters inquired into are not

sufficiently material at that stage;

On the ground of privilege;

any other ground

Setting Aside
Interrogatories

• Rule 7
• Set Aside:
+ exhibited unreasonably or
vexatiously
• Struck down:
+ they are prolix, oppressive,
unnecessary or scandalous
• Within 7 days after service of
interrogatories
 Raj Narain v. Indira Nehru Gandhi
• AIR 1972 SC 1302
• Questions that may be relevant during cross-examination are not necessarily relevant as
interrogatories. The only questions that are relevant as interrogatories are those
relating to "any matters in question". The interrogatories served must have, reasonably
close connection with "matters in question".
• Object of interrogatories is twofold:
+ To know the nature of the case of the opponent;
+ To support his own case; either
• Directly, by obtaining admissions, or
• Indirectly, by impeaching or destructing the case of the opponent
 Discovery of Documents

Production of documents by Order 7 Rule 14

Plaintiff:

BY Defendant: Order 8 Rule 1A

Documents in possession but Order 11 Rule 12 to 14

not referred by parties
Inspection of Documents

Rule 15-20

Rule 20: Premature Discovery

If discovery is dependent on the question of determination of issue,

then, issues will be settled first and then the order of discovery or
inspection will be given by the court.
 Admissions (Order 12)
• Any party to suit may give notice in writing that he admits the whole or any
part of the case of the other side.
• Admissions made in judicial proceedings are binding
• It is the a good piece of evidence since the facts admitted need not to be
proved.
• After discovery and inspection, either party may call upon the other party to
admit (within 7 days from date of service of notice) the genuineness of any
document.
• If party refuses or neglects in admitting the document, the cost of proving
them shall be paid by the party so refusing or neglecting, unless the court
otherwise directs.
• Admission is not conclusive as to all the facts of the case.
• Admissions can be of documents and facts
• Admission of Documents on Notice (Rule 1 to 3A of Order 12)
• Of Facts:
+ By Pleading (either expressly or constructively (deemed admissi
- Rule 2A, O 12)
+ Otherwise than in Pleadings:
• During Examination by court
• Answer to Interrogatories
• On Notice (Rule 4,5 Order 12)
• On Oath (Rule 2, O 10 and R 3, O 18)
• By Agreement of Parties (Rule 3, O 23)
 Order 13
Production, Admission,
Return, Rejection and
Impounding of Documents
 Rules
Production of Documents – Rule 1

Admission of Documents – Rule 4 to 7

Rejection of Documents – Rule 3 and 6

Return of Documents – Rule 7 and 9

Impounding of Documents – Rule 8

 Sworn in written official statement
of facts by a person who is
familiar with facts and
Order 19 - circumstances that have taken place

Affidavit Khandesh V. Rashtriya Girni Kamgar

Sangh, AIR 1960 SC 571

• Affidavit can be used as evidence only if

the Court so orders for sufficient reasons,
namely, the right of the opposite party to
have the deponent produced for cross-
examination.
• Therefore, an affidavit cannot ordinarily be
used as evidence in absence of a specific
order of the Court.
 Administration of Affidavit
• Sec. 139 - 
• In the case of any affidavit under this Code— 
• (a) any Court or Magistrate, or 
• (aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or
• (b) any officer or other person whom a High Court may appoint in this behalf,
or 
• (c) any officer appointed by any other Court which the State Government has
generally or specially empowered in this behalf, 
• may administer the oath to the deponent. 
 Section 30(c) CPC: Subject to
such conditions and limitations
Affidavit under as may be prescribed, the Court
may, at any time, either of its
own motion or on the
Rules application of any party order
any fact to be proved by
affidavit.

Order XIX, Rule 1, 2 and 3

 Smt. Savitramma v. Cicil Naronha and
another, AIR 1988 SC 1987
• In the case of statements based on information the deponent shall disclose the
source of his information. Similar provisions are contained in Order 19, Rule 3
of the Code of Civil Procedure. Affidavit is a mode of placing evidence before
the Court. A party may prove a fact or facts by means of affidavit before this
Court, but such affidavit should be in accordance with Order XI, Rules 5 and 13
of the Supreme Court Rules. The purpose underlying Rules 5 and 13 of Order XI
of the Supreme Court Rules is to enable the Court to find out as to whether it
would be safe to act on such evidence and to enable the court to know as to
what facts are based in the affidavit on the basis of personal knowledge,
information and belief as this is relevant for the purpose of appreciating the
evidence placed before the Court, in the form of affidavit….
 If the statement of facts is
based on information the source
of information must be
disclosed in the affidavit. An
affidavit which does not comply
with the provisions of Order XI
of the Supreme Court Rules, has
no probative value and it is
liable to be rejected…
Supreme Court of India has made
it very clear that perfunctory
and slipshod affidavits which
are not consistent either with
Order XIX Rule 3 of the CPC or
with Order XI Rules 5 and 13 of
the Supreme Court Rules should
not be entertained by the
Courts.
 Must be Statements
Essentials under Oath
or
must be in
form of
Affirmation declaration

Must be It should
made in be related
first to the
person facts
 (1994) SUPP. (3) SCC
Quamarul Islam v. 5
SK Kamat
If a fact has been
denied or rejected by
court.

You cannot accept it
by affidavit.
 Consequence of filing a False Affidavit

It is a criminal offence under

Section 191, 193, 195, 199 of
Indian Penal Code.

Under Contempt of Courts Act

 Cases

• SC held that the importance of verification is to test the genuineness and

authenticity of allegations and also to make the deponent responsible for
A.K.K. Nambiar v. allegations.
Union of India, AIR
1970 SC 652

• The verification however states that everything was true to the best of his
information and belief. We point this out as slipshod verifications of this type
might well in a given case lead to a rejection of the affidavit. Verifications
should invariably be modelled on the lines of Order XIX, rule 3, of the Civil
State of Bombay v. Procedure Code, whether the Code applies in terms or not. And when the matter
Purushottam Jpg deposed to is not based on personal knowledge the sources of information should be
Naik, AIR 1952
SC 317
clearly disclosed.