Nandawathie De Silva V. Yasawathie De Silva

1956 Present: K. D. de Silva, J., and H. N. G. Fernando, J.

M. B. NANDAWATHIE DE SILVA, Appellant, and M. B. YASAWATHIE
DE SILVA et al, Respondents

S. C. 51 (Inty.)-D. C. Galle, 5470IL

Discovery and Inspection of Documents-Scope and procedure-Objection to inspection on ground that documents do not support opponent's case-Form of affidavit- Civil Procedure Code, ss. 50, 51, 102, 103, 104, 105, 106, 109.

An order for discovery of documents need not be made as a matter of course, but is discretionary and may be resisted by a claim of privilege although no express provision in this behalf is to be found in section 102 of the Civil Procedure Code.

Although section 106 of the Civil Procedure Code does not on its face authorise the Court to refuse inspection of documents, the obligation to produce documents for inspection is much more restricted than the obligation to disclose their existence. One of the main grounds of protection is that the documents relate solely to the case of the party giving the discovery.

Where objection is taken to the inspection of any documents on the ground that they relate solely to the cas

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