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Pre Trial Processes
Pre Trial Processes
Pre Trial Processes
Inspection
By Sanya Agrawal
Meaning and Object
A pre-trialprocedural aspect wherein each party is given an
opportunity to obtain evidence from the opposite party or parties.
Objective:
there shall not be any ambiguity
to make the parties aware of the Both the parties shall be clear about
between parties while the trial is
case, the plaint made and issues thereby.
going on.
State Bank of India v. S.N. Goyal
• (2008) 8 SCC 92
• One fact came to light by the examination of a witness in
the case. The court held, if a new fact has come to light,
it is the duty of the parties to include it within his
pleading and make an amendment regarding the same. The Code
contains appropriate provisions regarding these things and
parties should avail those provisions.
Types
Discovery of Documents
When the particulars regarding the case are asked through questions, then they
are termed as interrogatories.
• Rule 5
• Any Natural person
• Artificial Person:
+ Body of persons
+ Corporation
Scandalous;
Objections to Irrelevant;
• Rule 7
• Set Aside:
+ exhibited unreasonably or
vexatiously
• Struck down:
+ they are prolix, oppressive,
unnecessary or scandalous
• Within 7 days after service of
interrogatories
Raj Narain v. Indira Nehru Gandhi
• AIR 1972 SC 1302
• Questions that may be relevant during cross-examination are not necessarily relevant as
interrogatories. The only questions that are relevant as interrogatories are those
relating to "any matters in question". The interrogatories served must have, reasonably
close connection with "matters in question".
• Object of interrogatories is twofold:
+ To know the nature of the case of the opponent;
+ To support his own case; either
• Directly, by obtaining admissions, or
• Indirectly, by impeaching or destructing the case of the opponent
Discovery of Documents
Rule 15-20
Must be It should
made in be related
first to the
person facts
(1994) SUPP. (3) SCC
Quamarul Islam v. 5
SK Kamat
If a fact has been
denied or rejected by
court.
You cannot accept it
by affidavit.
Consequence of filing a False Affidavit
• The verification however states that everything was true to the best of his
information and belief. We point this out as slipshod verifications of this type
might well in a given case lead to a rejection of the affidavit. Verifications
should invariably be modelled on the lines of Order XIX, rule 3, of the Civil
State of Bombay v. Procedure Code, whether the Code applies in terms or not. And when the matter
Purushottam Jpg deposed to is not based on personal knowledge the sources of information should be
Naik, AIR 1952
SC 317
clearly disclosed.