Supreme Court Rules, 2013 | Part III - Original Jurisdiction
Order XXX - Discovery and Inspection under the Supreme Court Rules, 2013
Order XXX governs the discovery and inspection of documents and the use of interrogatories in original suits instituted before the Supreme Court of India. It contains seven rules, which operate alongside the applicable provisions of Order XI of the First Schedule to the Code of Civil Procedure, 1908 (CPC).
Meaning of discovery, inspection and interrogatories
Discovery is a court-supervised process by which a party seeks relevant information or documents from another party. Inspection permits examination of documents in accordance with procedural requirements and orders of the Court. Interrogatories are written questions delivered to another party with the Court's permission, to be answered as directed under the applicable rules.
The purpose of these procedures is to identify material issues, facilitate access to relevant information and assist the fair determination of an original suit. They are subject to judicial control and applicable objections or protections.
Order XXX: Rule-wise explanation
1. Application of CPC Order XI
Order XI of the First Schedule to the Code of Civil Procedure, 1908 applies to discovery and inspection in suits instituted before the Supreme Court, except Rules 5 and 23 of that Order. This incorporates the applicable procedural framework for interrogatories, discovery of documents, production and inspection.
2. Persons required to answer interrogatories
When the Court permits one party to deliver interrogatories to another, the interrogatories must be answered by the persons directed by the Court.
3. Written statement before defendant's application
A defendant cannot apply for leave to deliver interrogatories until the defendant has filed a written statement.
4. Service of allowed interrogatories
Once an order permitting interrogatories has been made, one set of the interrogatories as allowed must be annexed to and served with that order on the person required to answer.
5. Affidavit by a competent person
For sufficient reason, the Court may permit a competent person to swear an affidavit on behalf of the party from whom discovery, production or inspection is sought.
6. Deposit of documents in Court
Where the Court directs a document to be deposited, a copy of the order and a schedule of the document must be left in the Registry at the time of deposit.
7. Return of deposited documents
Once the purpose of depositing documents is fulfilled, the depositing party may obtain their return during the pendency of the suit with the other party's written consent or by an order of the Court.
Practical procedure for discovery and inspection
A party seeking interrogatories or discovery should identify the information or documents sought and explain their relevance to the matters in dispute. The Court determines whether the request is appropriate and may regulate the persons who answer, the manner of disclosure, the production of documents and any related affidavit. A defendant seeking leave to deliver interrogatories must first file a written statement, as required by Rule 3.
Where documents are ordered to be deposited, Rule 6 requires a copy of the Court's order and a schedule to be supplied to the Registry. Their return is governed by Rule 7, which requires written consent of the other party or an order of the Court once the purpose of deposit has been fulfilled.
Distinction from inspection of court records
Order XXX deals with discovery and inspection in original suits. It should not be confused with Order X - Inspection, Search, etc., which separately regulates searching and inspecting pleadings, documents and court records. The applicable procedure depends on whether the party seeks discovery from another litigant or inspection of an existing court record.
Official legal resources
Refer to the Supreme Court of India - Supreme Court Rules and amendments, the Supreme Court guidance on inspection and certified copies, and the CPC text on India Code. This explanatory article does not replace the authoritative rules, amendments or orders applicable to a particular case.