INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
Furthermore, if a plaintiff fails to join a “necessary par- ty” to a suit, such suit is liable to be dismissed for the non-joinder of necessary parties. A necessary party is a person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by the court. 4.5 Applications for Security for Defendant’s Costs Under the CPC, at any stage of the suit and either on its own motion or upon application by a defendant, a court may order the plaintiff to give security for the payment of all costs incurred and likely to be incurred by the defendant. 4.6 Costs of Interim Applications/Motions There are no specific rules/provisions in India provid- There is no specific timeframe provided under the CPC for the disposal of an application/motion. How- ever, in practice, such applications/motions are heard and disposed of as soon as the written and oral sub- missions by both parties are concluded. Courts provide timeframes for such written and oral submissions, which are strictly enforced and adhered to, in order to ensure the smooth disposal of such applications/motions. ing for the costs of interim applications. 4.7 Application/Motion Timeframe A party can request urgent disposal of an application/ motion by providing reasons for such urgency, which is considered by the court on a case-by-case basis at its own discretion. However, the counterparty is usually given an opportunity to file its written submis- sions, even if within a short timeframe, before such application/motion is heard and disposed of.
Thereafter, any further documents can only be filed with prior permission of the court upon a written appli- cation with reasons for not filing the document earlier. The CPC permits parties to file applications for the discovery of documents. Thereafter, the counterparty is given an opportunity to respond to such application. The court then decides on the merits of the discovery application and determines whether such discovery is necessary for the full and final adjudication of the suit. On its own motion, the court can direct a party during the pendency of the suit to produce any document in such party’s possession and/or power relating to any matter in the suit. Interrogatories Before commencement of trial, a party can – on an application – file interrogatories (questions) requir- ing the counterparty to respond. The interrogatories are required to be delivered with an explanation as to why a specific party is required to respond. The court determines whether such interrogatories are questions that relate to the suit and thereafter directs the counterparty to file its response to the specific interrogatories. Inspection A party can serve a direct notice to the other party to inspect certain documents in the other party’s power and possession, referenced in the other party’s plead- ings. If a party fails to comply with such notice, an application can be made to the court to direct such inspection. Costs of Discovery, Interrogatories or Inspection The law does not provide for any specific costs to be paid by any party for discovery, interrogatories or inspection. The court may impose costs if it finds that such discovery, interrogatories or inspection are irrel- evant to the suit or vexatious. 5.2 Discovery and Third Parties A third party can be directed to give evidence or pro- duce documents/objects. Indian courts can issue summons to any person whose attendance is required to give evidence or produce documents, either on their own motion or upon the application of a party.
5. Discovery 5.1 Discovery and Civil Cases Discovery and Production of Documents
The CPC provides that both the plaintiff and the defendant should file all the documents being relied upon by either of them along with the plaint and the written statement/statement of defence, respectively.
441 CHAMBERS.COM
Powered by FlippingBook