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The High Court ordered discovery of bank statements and contract documents, holding the application was properly before the court, relevant, and not barred by confidentiality.
The most recent and controlling precedent is Anania Clavery Betela v. Republic, which holds that strict chain of custody is not mandatory for items not easily altered, and that witness knowledge and relevance are sufficient for admissibility. The bank slip is relevant, not easily altered, and the witness has knowledge of it; thus, it is admissible.
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The application for discovery fails because the Applicant did not establish that the Respondent is in possession of the requested documents, and the application amounts to a fishing expedition rather than a necessary step for fair disposal of the suit. The minimum criteria for discovery under Order XI Rule 10 of the Civil Procedure Code were not satisfied.
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The interrogatories for which further answers were sought extended to seeking evidence the respondents would use at trial, rather than facts material to the issues. Such interrogatories are not permissible, and no further answers are required.
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The interrogatories for which further answers were sought extended to seeking evidence that the respondents would rely on at trial, which is not permissible. Therefore, the answers provided, though objected to, were sufficient in law, and no further answers are required.
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