Discovery Of Documents And Interrogatories: An Analysis

INTRODUCTION

One of the tenets of natural justice is to run a fair trial and to provide absolute justice as equal opportunities must be given to both the parties to access the documents related to the case. It is outrightly true that one of the vital elements of the rule of law is its procedures enshrined under the Code of Civil Procedure, 1908, for proper adjudication of the civil suits. One of the most crucial provisions to ensure the same is Order XI, wherein the parties get a chance to exchange information regarding the witnesses and evidence presented before the court during the trial.

It is important to mention here that every civil suit consists of two types of facts. First is, facto probanda which constitutes a party's case, and second is facto probantia, wherein the facts will be considered as evidence if proven. This article will further deal with facto probanda. A procedure under which the opposite party requests for certain undiscovered documents is