Petition Civil Procedure For Production
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FAQ
While courts and practitioners sometimes refer to the defendant's receipt of materials from both the prosecutor and nonparties as ?discovery,? this imprecise use of the term confuses a defendant's right to discovery from the prosecutor with a defendant's right to production from a nonparty.
Application for discovery of documents.- Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oaths, of the documents which are or have been in his possession or power, relating to any matter in question therein.
Such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward.
Detailed rules as to production, impounding and return of documents are contained in Order 13. These rules apply also to the material objects other than documents, by virtue of rule 11. The principal provision is in rule 1, the substance of it being that documentary evidence must be produced at the first hearing.
Order 11 Rule 14 of Civil Procedure Code, 1908 As per the Order 11 Rule 14, Court can order for the production of the document by any party in the suit. And the court can further proceed with such documents as appear just.