Rule 3 of CPC : Rule 3: Inspection.
CPC
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Explanation using Example
Example 1:
Scenario: A dispute arises between two companies, ABC Pvt. Ltd. and XYZ Ltd., over a breach of contract. ABC Pvt. Ltd. files a suit in the Commercial Court against XYZ Ltd.
Application of Rule 3:
- Inspection Timeline: ABC Pvt. Ltd. files the written statement on January 1, 2023. XYZ Ltd. files a counterclaim on January 15, 2023. Both parties must complete the inspection of all disclosed documents by February 14, 2023 (30 days from the later date of the counterclaim).
- Request for Inspection: During the proceedings, ABC Pvt. Ltd. realizes that XYZ Ltd. has not produced certain financial documents despite a notice to produce. ABC Pvt. Ltd. files an application on February 20, 2023, seeking directions from the Court for the inspection of these documents.
- Court Order: The Court hears the application and disposes of it by March 22, 2023 (within 30 days of filing the application). The Court orders XYZ Ltd. to provide the inspection and copies of the requested documents within five days.
- Compliance: XYZ Ltd. complies with the Court's order and provides the documents to ABC Pvt. Ltd. by March 27, 2023.
- Failure to Disclose: If XYZ Ltd. had failed to disclose these documents initi...
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