Saturday, May 29, 2010

Civil Procedure Code, 1908

Section 30
Order 11, Rule 14
Discovery of documents

Documents sought to be discovered need not be admissible in evidence in the enquiry of the proceedings and it is sufficient that the documents would be relevant for the purpose of throwing light on the matter in controversy

HELD
apart from addressing the merits of the suit, the defendants are not claiming any overbearing prejudice; they have also not put up privilege of any kind, in answer to the applications for discovery. The object of discovery is to shorten litigation, as held by the Supreme Court. The court, while considering the application, for such purpose, is not expected to rule on the relative strength or merits of the case; indeed, it cannot even rule on the admissibility of the documents for which discovery is claimed. It should be satisfied that the application further the ends of justice, and trial; it should throw light in the proceedings. Whether the plaintiffs can eventually establish that their confidential information and secrets were or are utilized by the defendants, or that their copyrights were violated, are aspects which can be gone into at the stage of trial. If this court starts prejudging on those aspects, it would be ruling on the application for discovery, on considerations which are not germane. In view of the above discussion, the plaintiffs applications are to be allowed. Accordingly, discovery, of the documents, referred to in Paras 11 (b) and (c) in IA 8624/07 and Para 12 (a) and (b) of IA 8625/2007 is hereby directed, by the defendants, within six weeks.

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