CPC, 1908 · Part I · Summons & Discovery
Power to order discovery and the like
The court’s engine for gathering evidence — interrogatories, documents, witnesses, affidavits.
The bare Act
Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,—
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
How to read Section 30
It hands the court broad case-management powers over evidence — the source from which the detailed discovery Rules (Orders XI–XIX) draw their force.
At any time, suo motu or on a party’s application — subject to the conditions the Rules prescribe.
(a) discovery & documents, (b) summon witnesses, (c) proof by affidavit.
The three powers
What the court can order — and the Rules behind each
Interrogatories, admission of documents & facts, discovery, inspection, production, impounding & return of documents / objects.
Orders XI–XIII
Issue summonses to persons whose attendance is needed to give evidence or produce documents / objects.
Order XVI
Order any fact to be proved by affidavit instead of oral evidence.
Order XIX
Connected rules & sections
Interrogatories, discovery and inspection of documents — the detail of power (a).
Notice to admit documents and facts.
Production, impounding and return of documentary evidence.
The machinery for power (b) — attendance to give evidence / produce.
How a fact is proved by affidavit under power (c).
Extends §§27–29 (summons machinery) to witnesses.