Reply To: Answers to interrogatories would lead to reduction in time taken by court in recording cross examination

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advtanmoy
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Discovery and production of the documents

A Division Bench of this Court in M. Sivasamy Vs. M/s Vestergaard Frandsen A/S and Ors. 2009 (113) DRJ 820 relying upon the judgment of the Supreme Court in M.L. Sethi Vs. R.P. Kapur (1972) 2 SCC 427, while construing the scope of Order XI Rule 12, has observed as under:

“(i) The documents sought to be discovered and produced have to be relevant to the matter in controversy viz matters in question.

(ii) The documents have to be in the possession and power of the person against whom discovery and production is sought.

(iii) Discovery and production of the documents which are sought for are necessary at that stage of the suit;

(iv) The discovery and production is necessary for fairly disposing of the suit or for saving costs.

(v) The discovery and production may be general or limited to certain classes of documents as the Court in its discretion deems fit and the production will only be ordered if the Court considers it just.”