Section 30 of CPC is an important provision that empowers courts to order discovery and the like. Discovery is the process by which parties to a lawsuit can obtain information from each other before trial. This can include documents, tangible objects, and information about witnesses. The purpose of discovery is to promote the fair and efficient resolution of lawsuits by ensuring that both parties have access to all relevant information.
Section 30 of CPC gives courts wide discretion to make such orders as may be necessary or reasonable in all matters relating to discovery. This includes orders relating to the following:
- Delivery and answering of interrogatories: Interrogatories are written questions that one party can serve on another party. The party who is served with interrogatories is required to answer them under oath.
- Admission of documents and facts: Admissions are statements by a party that are accepted as true by the other party. This can save time and expense at trial by avoiding the need to prove facts that are not in dispute.
- Discovery, inspection, production, impounding, and return of documents or other material objects producible as evidence: This includes orders to produce documents, electronic files, and other tangible objects that are relevant to the lawsuit.
Courts can also issue summonses to persons whose attendance is required to give evidence or to produce documents or other objects. Additionally, courts can order any fact to be proved by affidavit.
The power to order discovery and the like is a valuable tool for courts to ensure that both parties to a lawsuit have equal access to all relevant information. This helps to promote the fair and efficient resolution of lawsuits.
Examples of Orders that Can Be Made Under Section 30 of CPC:
- Ordering a party to produce a list of all documents in their possession or control that are relevant to the lawsuit.
- Ordering a party to answer interrogatories about their knowledge of certain facts or events.
- Ordering a party to admit or deny the authenticity of certain documents.
- Ordering a party to allow the other party to inspect certain property or premises.
- Ordering a party to produce a witness for deposition.
- Ordering a fact to be proved by affidavit.
It is important to note that courts have discretion when making orders under Section 30 of the CPC. This means that courts will consider the specific circumstances of each case before making an order. For example, a court may be reluctant to order a party to produce confidential documents or to allow the other party to inspect certain property if it would cause undue hardship or inconvenience.
How to Obtain Orders Under Section 30 of CPC:
A party who wishes to obtain an order under Section 30 of CPC must file an application with the court. The application must set out the specific order that the party is seeking and the reasons why the order is necessary. The court will then hold a hearing to consider the application and to hear arguments from both parties. If the court is satisfied that the order is necessary, it will grant the application.
Here are some case laws on section 30 of CPC:
Vijayalakshmi vs. Srinivasan (2003) 9 SCC 27:
The Supreme Court held that the power to order discovery and the like under Section 30 of the CPC is a discretionary power that must be exercised judicially. The court also held that the power should not be used to harass or embarrass the other party.
K.M. Nanavati vs. State of Maharashtra (1961) 3 SCR 651:
The Supreme Court held that the power to order discovery and the like under Section 30 of the CPC can be used to order the production of documents that are in the custody or control of the other party, even if the documents are not relevant to the plaintiff’s case. However, the court held that this power should be used sparingly and only in exceptional cases.
Lala Jagdish Prasad vs. Commissioner of Income Tax (1970) 2 SCC 538:
The Supreme Court held that the power to order discovery and the like under Section 30 of the CPC can be used to order the production of documents that are in the possession of a third party. However, the court held that this power should be used only if the documents are necessary for the fair and just disposal of the case.
Union of India vs. M/s. Birla Brothers Ltd. (1991) 2 SCC 646:
The Supreme Court held that the power to order discovery and the like under Section 30 of the CPC can be used to order the inspection of premises. However, the court held that this power should be used sparingly and only in exceptional cases.
Mahindra & Mahindra Ltd. vs. Union of India (2005) 7 SCC 522:
The Supreme Court held that the power to order discovery and the like under Section 30 of the CPC can be used to order the production of electronic records. The court also held that the power should be used to ensure that both parties have equal access to all relevant information.
These are just a few examples of case laws on Section 30 of the CPC. There are many other cases that have dealt with different aspects of this provision. It is important to note that the law in this area is constantly evolving, and it is always advisable to consult with a lawyer before filing an application for discovery or the like.