(1)The provisions of Orders XI and XII, Civil Procedure Code, relating to "discovery and inspection" and "admission" were introduced into the Code of 1908 to save both time and expense and to shorten litigation by preparation of cases before trial. But these valuable provisions are found to be rarely, if ever, used, with the result that not only are suits protracted beyond all reasonable length arid costs needlessly sacrificed but no real progress with the case is made at all before it comes on for hearing. The importance and necessity of a systematic use of these provisions cannot be too strongly insisted on. The machinery of discovery, inspection, etc., if properly understood and utilized, settles many side issues and a quantity of controversial matter and extracts from either side all the documents that have any bearing on the cases that are or were in its possession at an early stage of the suit, so that cases come up fully prepared for trial and their duration is shortened.(2)Presiding Judges must make themselves thoroughly conversant with the rules relating to discovery, inspection, etc., and the High Court desires it to be understood that definite and systematic attempts should be made to apply them in all suitable cases. Presiding Judges should try to persuade parties and their pleaders to make proper admissions and to make full use of these provisions of Code and in suitable cases should themselves take the initiative in introducing and applying these rules. By an intelligent and judicious use of the provisions of Section 30, Civil Procedure Code, it should be possible for presiding Judges to initiate a systematic practice as regards the preparation of a case for trial and presiding Judges must regard it as part of their ordinary duty to act suo motu under Section 30, Civil Procedure Code, in suitable cases even when parties or counsel fail to do so.(3)In this connection the attention of presiding Judges is invited to the provisions of Order XII, Rules 2 and 4 of the Civil Procedure Code, of which use should be made on all appropriate occasions. These rules contain a mandatory provision that when a notice to admit (a) documents (Order XXI, Rule 2); or (b) facts (Order XII, Rule 4) has been served and the person so called upon has refused or neglected to admit, the subsequent costs of proving the documents or facts should be ordered to be paid by the party so neglecting or refusing if it appears that they should have been admitted, whatever the result of the suit may be; and further that no costs of proving the documents should be allowed unless notice to admit has been given to the opposite party except where the omission is, in the opinion of the Court, a saving of time. It is the duty of the presiding Judges to check, when signing decrees, that the above provisions of law have been given effect to in taxing costs.(4)Particular attention is drawn to the new and important Rule 3A of Order XU, C.P.C. empowering the Court to call upon any party to admit any document and record admission, refusal or negligence.Note. - In forming an estimate of the merit and general efficiency of officers their ability to make a systematic and intelligent use of these rules will be taken into consideration and the District Judge should, in his inspection, record whether the provisions referred to are being systematically and effectually made use of.
