What is Premature Discovery?

Question:-What is Premature Discovery? and to what extent the answers to interrogatories can be used at the trial of the suit?

Answer:- Rule 20 Order XI of Code of Civil Procedure 1908 deals with Premature discovery. Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

We can say , a discovery is termed as premature discovery or inspection:

1) When the right to discovery is based on the determination of any issue or question in dispute; or

2) For any reason, it is desirable that any issue or question in a suit should be determined before deciding upon the right of discovery.

It is open to a party at the trial of a suit to use in evidence anyone or more of the answers or any part of answer of the opposite party to interrogatories without putting in the other or the whole of such answers. But the court may look at the whole of the answers and if any other answer is connected with the one put in, the use of the answer put in should not be separately made, the court may direct that the connected answer should also be put in.

The court has the discretion to postpone a premature inspection or discovery. Under such circumstances the first thing court shall do is to determine that question or issue and afterwards, deal with the discovery.

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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com