Bailabel Type : bailable

Description

Order 11 of the Civil Procedure Code (CPC) deals with the processes of discovery and inspection of documents and other evidence during civil litigation. It sets out the procedure through which a party may request or be compelled to disclose documents and other materials that are relevant to the case. The purpose of discovery and inspection is to ensure that both parties have access to the evidence that will be presented at trial, which promotes fairness and transparency in the proceedings.

Key Provisions of Order 11 - Discovery and Inspection

Rule 1: Discovery of Documents

• Discovery of Documents:
  Each party in a civil suit is required to disclose to the other party all documents that are relevant to the case. This may include documents that the party intends to rely upon in support of their case, as well as documents that could be harmful to their case.

• Types of Documents to Be Disclosed:
  The party is required to disclose documents that are in their possession, custody, or power. This includes:

  • Documents that support their claims or defenses.
  • Documents that are harmful to their case, but which they must disclose.

• Affidavit of Documents:
  The party making the discovery must file an affidavit of documents. This affidavit lists all the documents in their possession related to the case. The affidavit must detail all documents, including those that the party intends to rely on and those that may be unfavorable to their case.

Rule 2: Inspection of Documents

• Inspection:
  After the discovery of documents, the opposing party has the right to inspect these documents. This allows them to examine the documents and assess their relevance to the case.

• Right to Inspection:
  The party entitled to inspection may request to see, inspect, and take copies of the documents disclosed by the other party. This right is not limited to documents the party intends to use as evidence but includes all relevant documents.

• Timeframe:
  After discovery, the opposing party may apply to the court for an order to inspect the documents. The court may then decide the appropriate time for inspection to take place.

Rule 3: Failure to Comply with Discovery and Inspection

• Consequences of Non-Compliance:
  If a party fails to comply with the rules of discovery and inspection, the court can impose various penalties. These include:
  • Striking out the party’s case: The court may dismiss the suit or strike out the defense of the non-complying party.
  • Adverse Inference: The court may draw an adverse inference against the defaulting party, meaning the court may assume that the documents not disclosed would have been detrimental to that party’s case.
• Application to the Court:
  If a party fails to disclose relevant documents or refuses to allow inspection, the aggrieved party may apply to the court for an order compelling discovery or inspection. The court may issue orders to enforce compliance.

Rule 4: Mode of Discovery

• Interrogatories:
  Discovery can be obtained by serving interrogatories—a set of written questions that the opposing party must answer in writing. Interrogatories can be served to obtain information about documents or facts that are relevant to the case. These answers are part of the discovery process and may be used as evidence in the trial.

• Requests for Admission:
  A party may serve requests for admission on the other party. These requests ask the other party to admit or deny certain facts or documents. If a party admits to certain facts, those facts are treated as established in the case, thus avoiding the need for evidence on those points during the trial.

Rule 5: Application to Court for Discovery

• Court's Role:
  If a party refuses or neglects to comply with a request for discovery, the requesting party may file an application with the court. The court will decide whether to order the discovery of the requested documents and enforce the inspection.

• Court’s Orders:
  If the court orders discovery or inspection, the party must comply within the time specified by the court. Failure to do so may result in penalties, including the imposition of costs or dismissal of the suit.

Rule 6: Inspection of Documents in Possession of the Court

• Documents Held by the Court:
  If the document is in the possession of the court, the party can apply to the court for permission to inspect the document. This typically applies to documents that are part of the court’s record in the case.

Rule 7: Imposition of Costs

• Costs of Discovery:
  The party seeking discovery or inspection may be required to pay the costs associated with this process. If the court orders the discovery of documents, it may also order the losing party to bear the costs incurred by the other party for inspection.

Punishment

Striking Out Pleadings:
If a party fails to comply with discovery orders, the court may strike out their pleadings (i.e., their case or defense) entirely.

Adverse Inference:
The court may draw an adverse inference against the party who fails to provide the documents or allow inspection. This means that the court may assume that the withheld documents would have been unfavorable to that party’s case.

Costs:
A party who fails to comply with discovery requests may be ordered to pay the costs incurred by the other party due to the non-compliance.