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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 32.03

Discovery to identify a defendant

    (1)     The Court may make an order under paragraph (2) where—

        (a)     an applicant, having made reasonable inquiries, is unable to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in the Court against that person (in this Rule called the person concerned ); and

        (b)     it appears that some person has or is likely to have knowledge of facts, or has, or is likely to have or has had or is likely to have had in that person's possession any document or thing, tending to assist in such ascertainment.

    (2)     The Court may order that the person, and in the case of a corporation, the corporation by an appropriate officer, shall—

        (a)     attend before the Court to be orally examined in relation to the description of the person concerned;

        (b)     make discovery to the applicant of all documents which are or have been in his, her or its possession relating to the description of the person concerned.

    (3)     Where the Court makes an order under paragraph (2)(a), it may—

        (a)     order that the person or corporation against whom or which the order is made shall produce to the Court on the examination any document or thing in his, her or its possession relating to the description of the person concerned;

        (b)     direct that the examination be held before an Associate Judge.



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