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The Code of Civil Procedure, 1908: page 113

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 113, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    9. Form of affidavit in answer.—An affidavit in answer to interrogatories shall be in Form No. 3 in
 Appendix C, with such variations as circumstances may require.

     10. No exception to be taken.—No exceptions shall be taken to any affidavit in answer, but the
 sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the
 Court.

    11. Order to answer or answer further.—Where any person interrogated omits to answer, or
 answer insufficiently, the party interrogating may apply to the Court for an order requiring him to
 answer, or to answer further, as the case may be. And an order may be made requiring him to answer or
 answer further, either by affidavit or by viva voce examination, as the Court may direct.

     12. 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. On the
 hearing of such application the Court may either refuse or adjourn the same, if satisfied that such
 discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally
 or limited to certain classes of documents, as may, in its discretion be thought fit: Provided that
 discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary
 either for disposing fairly of the suit or for saving costs.
                                                                           e
     13. Affidavit of documents.—The affidavit to be made by a party against whom such order as is
                                                                          od
 mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein
 mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as
 circumstances may require.                                         aC
                                                               di
     14. Production of documents.—It shall be lawful for the Court, at any time during the pendency of
 any suit, to order the production by any party thereto, upon oath, of such of the documents in his
                                                          In
 possession or power, relating to any matter in question in such suit, as the Court shall think right; and the
 Court may deal with such documents, when produced, in such manner as shall appear just.

      15. Inspection of documents referred to in pleadings or affidavits.—Every party to a suit shall be
 entitled 1[at or before the settlement of issues] to give notice to any other party, in whose pleadings or
 affidavits reference is made to any document, 2[or who has entered any document in any list annexed to
 his pleadings,] to produce such document for the inspection of the party giving such notice, or of his
 pleader, and to permit him or them to take copies thereof; and any party not complying with such notice
 shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless
 he shall satisfy the Court that such document relates only to his own title, he being a defendant to the
 suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying
 with such notice, in which case the Court may allow the same to be put in evidence on such terms as to
 costs and otherwise as the Court shall think fit.

     16. Notice to produce.—Notice to any party to produce any documents referred to in his pleading or
 affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.
    17. Time for inspection when notice given.—The party to whom such notice is given shall, within
ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within
three days from the delivery thereof at which the documents, or such of them as he does not object to
produce, may be inspected at the office of his pleader, or in the case of bankers’ books or other books of
account or books in constant use for the purposes of any trade or business, at their usual place of custody,
and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall
be in Form No. 8 in Appendix C, with such variations as circumstances may require.
    18. Order for inspection.—(1) Where the party served with notice rule 15 omits to give such notice
of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of

1. Subs. by Act 46 of 1999, s. 21, for “at any time” (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977).

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