Section 30 of CPC : Section 30: Power To Order Discovery And The Like
CPC
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Explanation using Example
Imagine a scenario where two businesses, Company A and Company B, are involved in a legal dispute over a breach of contract. Company A claims that Company B has failed to deliver goods as per the agreement, and the case is now in court.
During the proceedings, Company A's lawyer believes that certain emails between Company B's employees contain evidence crucial to the case. Under Section 30 of The Code of Civil Procedure, 1908, Company A's lawyer can request the court to:
- Order Company B to answer interrogatories about the email communications, admit to the existence of these emails, and allow for their inspection and production as evidence.
- Issue a summons to the IT manager of Company B to appear in court with the computer servers or other storage devices containing the relevant emails.
- If there is a factual matter that can be quickly resolved without needing a witness to attend, request the court to order Company B to provide an affidavit confirming the facts, such as the existence of an email policy that automatically deletes emails after a certain period.
This section empowers the court to facilitate the discovery of evidence and ensure that the trial proceeds efficiently, with all relevant facts and documents properly examined.