For Your Information
Suits can be resolved at the pre-trial stage
Syed Gouseuzzaman Haider Ali
Many suits can be disposed of at the pre trial stage. Disposal of suits at the pre-trial stage can render great relief to the courts as well as to the parties. It can reduce the number of suits, save time and expenditure.
Courts are overburdened with backlog of cases. Disposal of suits are very lengthy and expensive. Thus, a number of suits if disposed of at the pre-trial stage can render great help to the procedure.
Pre-trial stage starts from the institutions of suits. It includes institution of suits, framing of suits, summons, pleading, appearance of parties and discovery and inspection. Discovery and inspection are provided in order --11 of the Civil Procedure Code.
“Discovery” , means to compel the opposite party to disclose what he has in his possession or power. It is clear by what has been stated above that after 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 of the suit.
Where information as to fact is required, the party is allowed to put a series of questions to the adversary. These questions are called interrogatories. 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 make 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.
So, through the process of interrogatories which is discovery of fact and through the discovery and inspection of documents before trial, both the parties can narrow down their cause of action and issue for trial. This process can be utilised further, so as to resolve the dispute even before the trial.
Through the discovery of facts and of the documents both the parties and the judge can come to know exactly the issues of trial. Hence, the suit can be disposed of even before the trial by coming of both the parties into compromise. Thereafter, the judge can pass a compromise decree accordingly.
The writer is advocate of Bangladesh Supreme Court.
