Zeta Teresa Pereira 13 January 2020
Discovery means to compel the opposite party to disclose what he has in his possession or power. It is thus a compulsory disclosure by a party to an action of facts or documents on which the other side wishes to rely.
After the settlement of issues, a party to a suit may require information from his adversary as to facts or as to documents in possession or power of such party, relevant to the issue in the suit. Where information as to facts is required, the party is allowed to put a series of questions to his adversary. These questions are called interrogations. The judge will go through the proposed questions and if he considers them proper, he will compel the other side to answer them on oath before trial. This is called the discovery of facts. On the other hand, if information as to documents is required, the party may apply for an order compelling the other party to submit a list of the relevant documents in his possession or power and in certain circumstances for permission to inspect and take copies of those documents. This is known as discovery of documents.
Hope this is clear.
minakshi bindhani 27 October 2021