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.
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Code of Civil Procedure, 1908 arms the civil court with sweeping substantive powers to order discovery, inspection, production of documents, witness attendance, and proof by affidavit to eliminate trial by ambush and ensure complete disclosure of material facts.
Under clause (a), the court possesses broad authority to compel the delivery and answering of interrogatories under Order XI, secure admissions of documents and facts under Order XII, and direct the discovery, inspection, production, impounding, and return of documents or physical evidentiary objects under Order XIII.
Under clauses (b) and (c), the court is empowered to issue judicial summonses compelling the attendance of any person required to give oral testimony or produce documents under Order XVI, and to order any specific fact to be established by sworn affidavit under Order XIX. Where a party willfully disobeys judicial directions issued under Section 30, the court is armed with coercive statutory sanctions under Section 32, including issuing bailable or non-bailable warrants of arrest, attaching and selling the defaulter's property, imposing civil fines, and committing the contemnor to civil prison.
Effective civil trial strategy requires invoking Section 30 read with Order XI Rules 1 and 12 immediately following the completion of pleadings and before framing of issues under Order XIV. Delivering precise interrogatories and obtaining orders for discovery on affidavit narrows the controversy, prevents fabricated defenses, and curtails prolonged cross-examinations.