ORDER XI DISCOVERY AND INSPECTION - RULE 17, 18, 19, 20, 21, 22, 23 OF CODE OF CIVIL PROCEDURE 1908

What is the Time for inspection when notice given? What is Order for inspection? What are Verified copies? What is Premature discovery? What is Non-compliance with order for discovery? What is Using answers to interrogatories at trial? Is Order to apply to minors? Rule 17, 18, 19, 29, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908

Time for inspection when notice given, Order for inspection, Verified copies, Premature discovery, Non-compliance with order for discovery, Using answers to interrogatories at trial and Order to apply to minors are defined under Rule 17, 18, 19, 20, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 17 Order XI of Code of Civil Procedure 1908 "Time for inspection when notice given"

The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require.

Rule 18 Order XI of Code of Civil Procedure 1908 "Order for inspection"

(1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit :

Provided that the order shall not be made when and so far as the Court shall be of opinion that, it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

Rule 19 Order XI of Code of Civil Procedure 1908 "Verified copies"

(1) Where inspection of' any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations : Provided that, not withstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.

(2) Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege unless the document relates to matters of State.

(3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of them.

Rule 20 Order XI of Code of Civil Procedure 1908 "Premature discovery"

Where the party from whom 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 Order XI of Code of Civil Procedure 1908 "Non-compliance with order for discovery"

(1) Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, 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.

(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.

Rule 22 Order XI of Code of Civil Procedure 1908 "Using answers to interrogatories at trial"

Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer : Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in.

Rule 23 Order XI of Code of Civil Procedure 1908 "Order to apply to minors"

This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability.

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