INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
the written and oral submissions 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 dis - posal of such applications/motions. A party can request urgent disposal of an appli- cation/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 submissions, even if within a short timeframe, before such applica- tion/motion is heard and disposed of. 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. Thereafter, any further documents can only be filed with prior permis- sion of the court upon a written application 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) requiring the counterparty to respond. The inter- rogatories 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 such party 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 pleadings. If a party fails to comply with such notice, an application can be made to the court to direct such inspection. The law does not provide for any specific cost to be paid by any party for discovery, interrogato- ries or inspection. The court may impose costs if it finds that such interrogatories or inspection A third party can be directed to give evidence or produce documents/objects. Indian courts can issue summons to any person whose attend- ance is required to give evidence or produce documents, either of their own motion or upon the application of a party. 5.3 Discovery in This Jurisdiction Please see 5.1 Discovery and Civil Cases . The general approach to discovery in India is that the parties shall file a list of all documents and photocopies of all documents pertaining are irrelevant to the suit or vexatious. 5.2 Discovery and Third Parties
596 CHAMBERS.COM
Powered by FlippingBook