Code of Civil Procedure, 1908 · Order XI: Discovery And Inspection

Order XI Rule 12 CPC: Application for discovery of documents

Bare Act text

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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Any party may apply to the Court, without filing an affidavit, for an order directing another party to make discovery on oath of documents that are or have been in his possession or power relating to a matter in question. The Court may refuse or adjourn the application if discovery is not necessary, or not necessary at that stage, or may make an order, general or limited to certain classes of documents. Discovery shall not be ordered when not necessary for disposing fairly of the suit or for saving costs.