Section 30 of The Code of Civil Procedure, 1908
Power to order discovery and the like.
Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,—
- (a)make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
- (b)issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
- (c)order any fact to be proved by affidavit.
Summary
- The Court has the power to manage the exchange of information between parties, known as discovery.
- A Court can order parties to answer specific questions, called interrogatories, or admit certain facts or documents.
- The Court can order the search, production, and safe-keeping of documents or objects used as evidence.
- Summonses can be issued to force people to attend as witnesses or bring documents.
- The Court can require any fact to be proven using a sworn statement called an affidavit.
- These powers can be used by the Court on its own or if a party asks.
Practical examples
FAQ
1. What powers does a Court have regarding documents under Section 30 of The Code of Civil Procedure, 1908?
A Court can make orders for the discovery, inspection, production, and even the taking into legal custody (impounding) of documents under Section 30 of The Code of Civil Procedure, 1908.
2. Can a Court summon a witness specifically to produce a document under Section 30 of the civil law?
Yes, Section 30 of the civil law allows the Court to issue summonses to persons whose attendance is required to produce documents.
3. Can a Court act on its own to order discovery under Section 30 of the 1908 Code?
Yes, the Court may exercise these powers "at any time, either of its own motion or on the application of any party" as per Section 30 of the 1908 Code.
Test yourself
1.Under Section 30 of The Code of Civil Procedure, 1908, what can the Court order regarding interrogatories?
2.According to Section 30 of the Code of Civil Procedure, 1908, who can be summoned to give evidence?
3.What can the Court do with documents that are produced as evidence under Section 30 of the 1908 Code?
4.Under Section 30 of The Code of Civil Procedure, 1908, the Court can order any fact to be proved by which method?