Rediscovering Discovery and Inspection

Civil litigation in India is hampered by outdated court practices, unchecked frivolous litigations, and frequent adjournments, making the system unsuited for the 21st Century. The judicial system requires a significant overhaul to modernise and streamline processes. The Civil Rules of Practice (“CRP”) promulgated by each High Court combined with the Civil Procedure Code, 1908 (“CPC”), govern civil litigation practice in district courts of India. While amendments to CPC, a centralised legislation will take considerable time and effort, the state level CRP can and should be modernised on a priority basis. In most states these rules are outdated and obstructive to modern technology integration.

This consultation series therefore aims to modernise civil litigation in India’s District Judiciary through the formulation of a Model Civil Rules of Practice. To achieve this, each paper in the series comprehensively looks into a specific stage in the lifecycle of a civil suit, questions the current processes and reimagines them with technology and simplified legal rules at its core.

Streamlining trials through discovery and inspection

Section 30 of the Code of Civil Procedure (“CPC”) empowers the court to order the discovery, inspection, and production of documents either on its own accord or if applied for by a party. This means that the court can obtain information, including documentary evidence that has not been made part of the record by the opposite party/parties. The process of discovery and inspection, therefore, has the potential to expedite trials. Further, by facilitating this exchange of information, ‘discovery’ promotes transparency, and ensures that there is no “trial by ambush”. Discovery and inspection, however, remain underutilised in the process of civil litigation. This consultation paper details the procedure governing discovery and inspection, highlights their importance and offers solutions to promote their greater usage in civil litigation. 

About the Authors

Atishya Kumar (Research Fellow)

Atishya was a Research Fellow with the JALDI team at Vidhi. She completed her B.A. LL.B (Hons.) from the National University of Advanced Legal Studies, Kochi in 2018 and went on to pursue her LLM in Human Rights Law from the University of Nottingham in 2019, for which she was awarded the Developing Solutions Master Scholarship. Her areas of interest include gender rights, diversity, and inclusion. Her experience includes working with governmental organisations like the National Human Rights Commission and the Department of Justice. Prior to joining Vidhi, Atishya was a Director at IDIA Charitable Trust. In her free time, Atishya can be found baking, reading or binging Netflix.

Deeksha Katarki (Project Fellow)

Deeksha worked with JALDI team for the Re-imagined Civil Rules of Practice (process re-engineering). She has completed my B.S.L.LLB. from ILS Law College, Pune in 2018 and then went on to work as a litigation associate with Dua Associates in Bangalore. Her dream for the Indian Judiciary is one where every citizen can lead their life with the confidence that should an injustice occur, they can approach the courts with assurance that justice will be delivered promptly, sparing individuals from the burden of prolonged waiting. Outside of work, she enjoys running and being outdoors.