ACKNOWLEDGEMENT

I, VIKASH KUMAR GOSWAMI, would like to convey my heartfelt gratitude to

PROF. HARISHCHANDRA RAM for her tremendous support and assistance in the
completion of my assignment and for providing me with this wonderful opportunity to
read, understand and write an assignment on “Inspection of Documents Under the
Code of Civil Procedure”. The completion of the assignment would not have been
possible without their help and insights.

I would also like to thank my friends and mates who helped me in this assignment. I further
extend my thanks to library staff of University of Lucknow who helped me in getting all
the materials necessary for this work.i
Contents

ACKNOWLEDGEMENT .............................................................................................................. 1

Introduction ..................................................................................................................................... 4

- Definition of document inspection ........................................................................................... 4

- Importance in civil litigation .................................................................................................... 4

- Overview of relevant provisions in the CPC ............................................................................ 7

Procedure for Inspection ................................................................................................................. 8

Inspection of the documents: Rule 15-19: .................................................................................... 11

Rule 15: Inspection of Documents ............................................................................................ 12

Rule 16: Consequences of Non-Compliance ............................................................................ 12

Rule 17: Inspection of Documents by the Court....................................................................... 12

Rule 18: Production of Documents at the Hearing ................................................................... 12

Rule 19: Miscellaneous Provisions ........................................................................................... 13

Inspection of document by the court ............................................................................................. 13

Inspection of Documents Under the
Code of Civil Procedure
Introduction

- Definition of document inspection

Document inspection under the Civil Procedure Code (CPC) refers to the process by which one
party in a legal proceeding can request access to documents held by another party that are relevant
to the case. This procedure aims to promote transparency and ensure that all parties have the
opportunity to review evidence that may be used in court.

In general, the process includes:

1. Request for Inspection: A party may file a formal request to inspect documents related to the
case, often specifying the documents needed.

2. Obligation to Comply: The party in possession of the documents is typically required to comply
with the request unless there are valid reasons to withhold them, such as privilege or
confidentiality.

3. Court's Role: If there is a dispute regarding the request, the court may intervene to determine
whether the documents should be produced for inspection.

4. Relevance and Admissibility: The documents requested must generally be relevant to the case
and admissible in court.

- Importance in civil litigation

Important civil litigations concerning inspections of documents under the Civil Procedure Code
(CPC) can arise in various contexts. Here are some key aspects and types of disputes that
frequently involve document inspections:
1. Contract Disputes

- Context: Parties may dispute the terms of a contract or its performance.

- Importance: Inspection of documents, such as correspondence, amendments, or related

contracts, can clarify obligations and breach issues.

2. Property Disputes

- Context: Cases involving title disputes, boundaries, or ownership claims.

- Importance: Inspection of title deeds, sale agreements, or property records is crucial for
establishing rightful ownership.

3. Tort Claims

- Context: Personal injury or negligence cases.

- Importance: Inspection of medical records, incident reports, or safety protocols can be vital
for proving liability and damages.

4. Family Law Cases

- Context: Divorce, child custody, or alimony disputes.

- Importance: Financial documents, such as tax returns or bank statements, may need to be
inspected to determine support obligations.

5. Employment Disputes

- Context: Claims of wrongful termination, discrimination, or wage disputes.

 - Importance: Inspection of employment contracts, HR records, or performance reviews can
help establish or refute claims.

6. Consumer Protection Cases

- Context: Cases involving defective products or misleading advertisements.

- Importance: Inspection of product documentation, warranties, or marketing materials can

support claims against manufacturers or sellers.

7. Intellectual Property Disputes

- Context: Infringement claims related to patents, trademarks, or copyrights.

- Importance: Inspection of licensing agreements or marketing materials can clarify ownership

and usage rights.

8. Class Action Lawsuits

- Context: Collective claims by a group of individuals against a common defendant.

- Importance: Inspection of relevant documents from the defendant can establish patterns of
behavior affecting the entire class.

9. Administrative Law Cases

- Context: Challenges to decisions made by government agencies.

- Importance: Access to agency records and decisions can be crucial in appealing

administrative actions.
- Overview of relevant provisions in the CPC

Under the Civil Procedure Code (CPC) in India, inspections of documents are governed
primarily by Order 11, which deals with discovery and inspection. Here are the key provisions
related to document inspection:

Order 11: Discovery and Inspection

Rule 1: Application for Discovery

- A party may apply to the court for an order directing the other party to disclose
documents that are relevant to the case.

Rule 2: Production for Inspection

- A party required to produce documents must make them available for inspection. This
includes documents in the party’s possession, custody, or control that are relevant to the
matters in dispute.

Rule 3: Time and Place of Inspection

- The court may specify the time and place for the inspection of documents, ensuring
that it is conducted in a reasonable manner.

Section 30: Power of Court

- The court has the discretion to order the inspection of documents at any stage of the
proceedings to facilitate justice.
 Subject to such conditions and limitations as may be prescribed, the Court may, at any
time, either of its own motion or on the application of any party,-

(a) make such Orders as may be necessary or reasonable in all matters relating to the
delivery and answering of interrogatories, the admission of documents and facts, and the
discovery, inspection, production, impounding and return of documents or other material
objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or
to produce documents or such other objects as aforesaid;

(c) Order any fact to be proved by affidavit.

Order 13: Admission of Documents

- Documents that are produced for inspection may later be admitted into evidence, subject
to the rules of admissibility.

### Purpose

The primary aim of allowing document inspections is to promote transparency and ensure that
both parties have access to pertinent evidence, thereby supporting a fair trial process.

Procedure for Inspection

1. Application for Inspection

-Section 30: This section grants the right to inspect documents that are in the possession of
the other party. Any party may apply to the court for inspection of documents.

- Format: The application should specify:

- The documents to be inspected.

 - The relevance of these documents to the case.

2. Filing the Application

- The application is filed in the court where the case is pending. It should be accompanied
by a copy of the documents being sought if available.

3. Court's Consideration

- Notice to Other Parties: The court may issue a notice to the other parties regarding the
application for inspection, allowing them the opportunity to object.

- Section 151: This section provides the inherent powers of the court to make orders for
the ends of justice. The court can use its discretion in deciding whether to allow the
inspection.

4. Hearing

- If there are objections from other parties, the court will hold a hearing.

- Section 30 allows for consideration of any objections raised during this hearing.

5. Order for Inspection

- Granting Inspection: If the court finds the application justified, it will issue an order
allowing inspection of the specified documents.

- The order may outline:

 - The conditions of the inspection (e.g., confidentiality).

- Time and place for the inspection.

6. Execution of Inspection

- Location: Inspection typically occurs at the location where the documents are held (e.g.,
the office of the party).

- Supervision: The court may appoint a court officer to supervise the inspection if
necessary.

7. Record Keeping

- A record of the inspection may be maintained. This includes:

- Notes on the documents inspected.

- Observations made during the inspection.

8. Restrictions and Denials

- The court may deny the request for inspection based on:

- Section 123: Relating to the protection of certain documents, including privileged

communications.

- The request being deemed irrelevant or excessive.

- The court will provide reasons for any denial.

9. Appeal

- If a party is dissatisfied with the court's order regarding inspection, they may appeal the
decision under the provisions applicable in the jurisdiction.

The procedure for inspecting documents is framed to ensure transparency and fairness in legal
proceedings while also protecting sensitive information. The relevant sections of the CPC guide
this process, balancing the rights of parties involved.

Inspection of the documents: Rule 15-19:

Rules 15 to 19 deal with inspection of documents. For the purpose of inspection, documents may
be divided into two classes:

(i) documents referred to in the pleadings or affidavits of parties; and

(ii) other documents in the possession or power of the party but not referred to in the pleadings of
the parties.

As regards the first class of documents, a party to a suit is entitled to inspection. And without
intervention of the court every party may give notice in the prescribed form to the other party in
whose pleadings they are referred to, to produce such documents for his inspection. The party to
whom such notice is given should, within ten days from the receipt of such notice, give notice to
the party claiming such inspection, stating the time and place at which the documents may be
inspected and stating his objections, if any, to the production of any of the documents. If he fails
to do so, the court may make an order of inspection.
As regards the second class of documents, the party desiring the inspection can only proceed by
way of an application to the court along with an affidavit satisfying the court that the document
is relevant to the case.

The primary object of Rules 15 to 19 of Order 11 is to place the opposite party in the same
position as if the documents had been fully set out in his pleading or in the affidavit.

Here’s a summary of **Order 11, Rules 15 to 19** of the Civil Procedure Code (CPC) regarding
the discovery and inspection of documents:

Rule 15: Inspection of Documents

- A party may apply to the court for an order directing the other party to produce for inspection
any documents that are relevant to the matter in issue. This rule ensures that parties can access
documents that may aid in their case.

Rule 16: Consequences of Non-Compliance

- If a party fails to comply with an order for the inspection of documents, the court may take
appropriate action, which can include imposing costs or even dismissing the suit.

Rule 17: Inspection of Documents by the Court

- The court can also inspect documents in dispute, if necessary, to determine the relevancy and
admissibility of the documents.

Rule 18: Production of Documents at the Hearing

- Parties are required to produce all documents in their possession that they intend to rely on
during the hearing of the suit. This ensures that all relevant evidence is available for
consideration.
Rule 19: Miscellaneous Provisions

- This rule provides additional guidelines on the procedures and requirements related to the
inspection of documents, ensuring that the process is fair and efficient.

These rules collectively facilitate the process of document discovery and inspection, ensuring
that all parties have access to relevant evidence, which promotes transparency and fairness in
civil litigation.

Inspection of document by the court

Even in the cases where the court does not allow inspection or production of documents at the
instance of a party, the court has power to inspect those documents. It is open to the court after
perusing the document whether the claim of privilege is valid and requires to be upheld.