Report No. 77

5.12. Order 1.-

Discovery and Inspection, and Order 12-Admissions.- Other provisions which may have the effect of considerably curtailing evidence and narrowing the area of controversy are contained in Order XI and Order XII of the Code of Civil Procedure. While the former relates to discovery and inspection, the latter Order pertains to admissions. Under Order XI, any party to a civil suit by leave of the court may deliver interrogatories in writing for the examination of the opposite parties. Order XI also provides for application for discovery of documents and for their inspection.

Order XII provides for notice to admit documents as well as to admit facts. Occasion for use of these provisions would generally arise in those civil cases where a number of questions of fact arise and the case involves many issues. In comparatively simple cases, it would hardly be necessary to resort to these provisions. As observed by the Rankin Committee,1 the framers of the Code anticipated that in mofussil courts the members of the Bar would not easily or quickly accustom themselves to the new procedure provided and would not avail themselves of its provisions.

They, therefore, inserted in section 30 of the Code a provisions which gives the court authority to order discovery and inspection of its own motion. Their anticipations have unfortunately been fulfilled and the power given to the court has not been utilized. At the same time, there can be no doubt that a judicious use of these provisions can considerably narrow down the area of controversy and curtail the volume of evidence.

1. Rankin Committee.