Power to order discovery and the like
Section 30 of the Code of Civil Procedure, 1908 deals with power to order discovery and the like. 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 The Act came into force on 01 Jan 1909.
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.
Section 30, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Jagannath Mahanta vs Md. Sadek Ali& ORS.
Court's Decision & Legal Precedent
Interfering in second appeal with a title finding built on mutation entries and an unpleaded oral gift, the Court held that mutation entries are not documents of title and that adverse possession must be specifically pleaded and proved, and, following Maria Margarida Sequeira, treated Section 30 of the Code as the court's own power to call for discovery, documents and answers so that the truth of a title dispute is ascertained instead of being left to the evidence the parties choose to lead.
On this section: Uses Section 30 as a suo motu power of the court, exercisable of its own motion and not only on a party's application, to compel discovery and production where the record placed before it is inadequate to find the truth.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… the power of SEBI to compel appearance and production of documents is limited to the powers vested in a Civil Court under the Code of Civil Procedure, 1908, (CPC) more specifically contained in Section 32 CPC which provides that the Court may compel the attendance of any person to whom summons has been issued under Section 30 CPC and for that purpose, may issue a warrant for his arrest, attach and sell his property, impose a fine upon him not exceeding five hundred rupees, or order him to furnish security for his appearance and in default, commit him to the civil prison. (vii) That the Orders dated 28.11.2003 and 31.12.2003 have been …
Questions about Section 30
What have the courts held on Section 30 of the Code of Civil Procedure?
Jagannath Mahanta vs Md. Sadek Ali& ORS. (28 Oct 2014) is the leading judgment on this section among those set out below: Uses Section 30 as a suo motu power of the court, exercisable of its own motion and not only on a party's application, to compel discovery and production where the record placed before it is inadequate to find the truth.
How do I find court cases under Section 30 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 30, section 30 CPC, section 30 of the Code of Civil Procedure. People searching for it also type cpc 30 day outlook. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jagannath Mahanta vs Md. Sadek Ali& ORS. (28 Oct 2014).
What should I read with Section 30 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 30 of the Code of Civil Procedure come into force?
Section 30 of the Code of Civil Procedure, cited as CPC 30, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.