'All documents relating to the matters in issue in the possession or power of any adversary can be inspected by means of discovery by documents.' Discuss under the Code of Civil Procedure, 1908. When can a party refuse t
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
'All documents relating to the matters in issue in the possession or power of any adversary can be inspected by means of discovery by documents.' Discuss under the Code of Civil Procedure, 1908. When can a party refuse to produce the documents for inspection ?
Answer & Explanation:
All documents relating to the matters in issue in the possession or power of any adversary can be inspected by means of discovery by documents. Any party may apply to the Court for an order directing any other party to the suit to make discovery on oath the documents which are or which have been in his possession or powers relating to any matter in question. The Court may on hearing the application either refuse or adjourn it, if it is satisfied that such discovery is not necessary at all or not necessary at the stage. Or if it thinks fit in its discretion, it may make order for discovery limited to certain classes of documents. Every party to a suit may give notice to the other party at or before the settlement of issues to produce for his inspection any document referred to in the pleadings or affidavits of the other party. If the other party refuses to comply with this order he shall not be allowed to put any such document in evidence (Order 11, Rule 15 of Civil Procedure Code, 1908), unless he satisfies the Court that such document relates only to his own title, he being a defendant to the suit or any other ground accepted by the Court. Documents not referred to in the pleadings or affidavits may be inspected by a party if the Court allows (Order 11, Rule 18 of Civil Procedure Code, 1908). A party may refuse to produce the document for inspection on the following grounds: where it discloses a party's evidence; when it enjoys a legal professional privilege; when it is injurious to public interest; denial of possession of document.
Topics: Code of Civil Procedure, 1908
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