Rule 1 of CPC : Rule 1: Disclosure and discovery of documents.

Explanation using Example

Example 1:

Scenario: A business dispute between two companies, ABC Pvt. Ltd. (plaintiff) and XYZ Pvt. Ltd. (defendant), over a breach of contract.

Plaintiff's Actions:

1. Filing the Suit: ABC Pvt. Ltd. files a suit against XYZ Pvt. Ltd. for breach of contract.
2. Document Disclosure: Along with the plaint, ABC Pvt. Ltd. submits a list of all relevant documents:
   • Contract Agreement: The original contract signed by both parties.
   • Emails: Email correspondence between the companies discussing the terms of the contract.
   • Invoices: Copies of invoices sent to XYZ Pvt. Ltd. for services rendered.
   • Internal Memos: Internal memos discussing the breach and its impact on ABC Pvt. Ltd.
3. Declaration on Oath: ABC Pvt. Ltd. includes a declaration on oath stating that all documents in their possession, control, or custody related to the case have been disclosed and attached.

Defendant's Actions:

1. Written Statement: XYZ Pvt. Ltd. files a written statement in response to the suit.
2. Document Disclosure: Along with the written statement, XYZ Pvt. Ltd. submits a list of all relevant documents:
   • Payment Receipts: Copies of payment receipts showing partial payments made to ABC Pvt. Ltd.
   • Emails: Email correspondence disputing the quality of services provided by ABC Pvt. Ltd.
   • Internal Reports: Internal reports highlighting issues with the services provided by ABC Pvt. Ltd.
3. Declaration on Oath: XYZ Pvt. Ltd. includes a declaration on oath stating that all documents in their possession, control, or custody related to the case have been disclosed and attached.

Court's Role:

1. Review of Documents: The court reviews the documents submitted by both parties.
2. Additional Documents: If either party wishes to submit additional documents after the initial filing, they must seek the court's permission and provide a reasonable cause for the delay.
3. Ongoing Duty: Both parties have a continuing duty to disclose any new documents that come to their notice until the case is resolved.

Example 2:

Scenario: A property dispute between two individuals, Mr. Sharma (plaintiff) and Mr. Verma (defendant), over the ownership of a piece of land.

Plaintiff's Actions:

1. Filing the Suit: Mr. Sharma files a suit against Mr. Verma claiming ownership of the disputed land.
2. Document Disclosure: Along with the plaint, Mr. Sharma submits a list of all relevant documents:
   • Title Deed: The original title deed of the land.
   • Sale Agreement: A copy of the sale agreement between Mr. Sharma and the previous owner.
   • Tax Receipts: Copies of property tax receipts paid by Mr. Sharma.
   • Photographs: Photographs of the land showing Mr. Sharma's possession.
3. Declaration on Oath: Mr. Sharma includes a declaration on oath stating that all documents in his possession, control, or custody related to the case have been disclosed and attached.

Defendant's Actions:

1. Written Statement: Mr. Verma files a written statement in response to the suit.
2. Document Disclosure: Along with the written statement, Mr. Verma submits a list of all relevant documents:
   • Title Deed: A copy of the title deed claimed by Mr. Verma.
   • Witness Statements: Statements from witnesses supporting Mr. Verma's claim of ownership.
   • Utility Bills: Copies of utility bills paid by Mr. Verma for the disputed land.
3. Declaration on Oath: Mr. Verma includes a declaration on oath stating that all documents in his possession, control, or custody related to the case have been disclosed and attached.

Court's Role:

1. Review of Documents: The court reviews the documents submitted by both parties.
2. Additional Documents: If either party wishes to submit additional documents after the initial filing, they must seek the court's permission and provide a reasonable cause for the delay.
3. Ongoing Duty: Both parties have a continuing duty to disclose any new documents that come to their notice until the case is resolved.