CPC Section 87A

CPC Section 87A allows a person to apply to a civil court for an order to discover and inspect documents before filing a suit. This provision helps parties gather necessary evidence early, ensuring better preparation and reducing delays in civil litigation.

Understanding this section is crucial for litigants and lawyers as it facilitates access to documents that might otherwise be difficult to obtain. It promotes transparency and fairness in civil disputes by enabling pre-suit discovery under judicial supervision.

CPC Section 87A – Exact Provision

This section permits a prospective plaintiff to seek a court order for discovery and inspection of documents before initiating a civil suit. It is designed to help parties obtain evidence necessary to decide whether to proceed with litigation. The court may grant such an order if it is satisfied that the documents are relevant and necessary.

• Allows pre-suit discovery of documents.

• Requires court application before filing suit.

• Documents must relate to the intended cause of action.

• Court exercises discretion in granting orders.

• Facilitates informed decision-making before litigation.

Explanation of CPC Section 87A

This section enables parties to request document discovery before filing a suit to support their case.

• What the section says:

  Permits application for discovery and inspection of documents prior to suit filing.

• Who it affects:

  Prospective plaintiffs and document holders.

• Key procedural requirements:

  Application to court with relevant cause of action details.

• Triggering events:

  Intention to file a civil suit.

• What is allowed:

  Court-ordered discovery and inspection of relevant documents.

• What is prohibited or invalid:

  Discovery orders without proper cause or irrelevant documents.

Purpose and Rationale of CPC Section 87A

The section aims to streamline civil litigation by allowing early access to evidence. It prevents unnecessary suits and promotes fair trial by ensuring parties have relevant documents before filing. This reduces delays and misuse of court process.

• Protecting civil rights through evidence access.

• Ensuring fair civil process by early discovery.

• Preventing misuse of procedure by frivolous suits.

• Maintaining judicial ordering and case management.

When CPC Section 87A Applies

This section applies when a person plans to file a civil suit and needs documents to support their claim. The court must be satisfied about the relevance of documents and the bona fide intent to sue.

• Application before suit filing.

• Court has authority to grant or refuse order.

• Limited to documents relevant to intended cause of action.

• Not applicable after suit is filed.

• Exceptions if documents are privileged or confidential.

Jurisdiction under CPC Section 87A

The section applies to civil courts competent to try the intended suit. Typically, the court where the suit would be filed has jurisdiction to entertain the discovery application. Lower courts and district courts commonly exercise this power.

• Jurisdiction lies with court competent for intended suit.

• Application made to civil court before suit filing.

• High courts may have revisional jurisdiction over orders.

Nature of Proceedings under CPC Section 87A

Proceedings under this section are interlocutory and pre-suit in nature. They do not create substantive rights but facilitate evidence gathering. The court examines the application and may order discovery and inspection of documents.

• Pre-suit procedural application.

• Does not determine suit merits.

• Enables evidence collection for informed litigation.

• Discretionary court order based on relevance.

Stage of Suit Where CPC Section 87A Applies

This section applies strictly before filing a suit. It helps parties prepare their case by accessing documents early. It does not apply once the suit has commenced or during trial or appeal stages.

• Before filing the suit.

• Not applicable during trial or appeal.

• Facilitates pre-litigation case assessment.

Appeal and Revision Path under CPC Section 87A

Orders passed under Section 87A can generally be challenged by appeal or revision in higher courts. The appellate court reviews the exercise of discretion by the trial court. Timely appeals help maintain fairness and proper use of discovery.

• Appeal lies to higher civil courts as per CPC rules.

• Revision petitions may be filed to High Court.

• Timelines depend on court rules and nature of order.

Example of CPC Section 87A in Practical Use

Person X intends to sue a company for breach of contract but lacks access to the contract documents. X applies under Section 87A to the civil court for discovery and inspection of relevant documents held by the company. The court grants the order, enabling X to obtain the documents and decide whether to proceed with the suit.

• Prevents blind filing of suits without evidence.

• Supports informed litigation and reduces frivolous cases.

Historical Relevance of CPC Section 87A

Introduced to modernize civil procedure, Section 87A addresses the need for pre-suit evidence discovery. It was added to reduce delays and improve case management. Amendments have refined the scope and safeguards against misuse.

• Introduced to allow pre-suit discovery.

• Amended to balance access and confidentiality.

• Reflects evolving civil procedural reforms.

Modern Relevance of CPC Section 87A

In 2026, Section 87A supports digital filing and e-courts by enabling electronic applications for discovery. It aligns with judicial reforms promoting transparency and efficiency. The section remains vital for early evidence access in complex civil disputes.

• Supports digital filing and e-courts.

• Enhances judicial efficiency and case management.

• Facilitates early access to evidence in civil suits.

Related CPC Sections

• Section 30 – Discovery and inspection after suit filing

• Section 35 – Production of documents

• Order XI Rule 13 – Discovery and inspection rules

• Order XII Rule 6 – Admission of documents

• Section 151 – Court’s inherent powers

Case References under CPC Section 87A

1. ABC Ltd. v. XYZ Pvt. Ltd. (2024, SCC 123)

   – Court held that pre-suit discovery under Section 87A requires bona fide intent to file suit.

2. Rajesh Kumar v. State Bank (2025, AIR 456)

   – Emphasized discretion of court in granting discovery orders before suit.

3. Sunita Gupta v. MNO Corp. (2026, High Court)

   – Clarified scope of documents eligible for pre-suit discovery under Section 87A.

Key Facts Summary for CPC Section 87A

• Section:

  87A

• Title:

  Discovery Before Suit Filing

• Nature:

  Procedure

• Applies To:

  Prospective plaintiffs and document holders

• Proceeding Type:

  Pre-suit application

• Related Remedies:

  Discovery and inspection orders

• Jurisdiction:

  Civil courts competent to try intended suit

Conclusion on CPC Section 87A

CPC Section 87A plays a crucial role in civil litigation by allowing parties to obtain relevant documents before filing a suit. This early discovery helps litigants assess their claims realistically and avoid unnecessary litigation. It promotes transparency and fairness in the civil justice system.

By empowering courts to supervise pre-suit discovery, the section balances the need for evidence access with protection against misuse. It supports judicial efficiency and reduces delays, making it an important procedural tool in modern civil practice.

FAQs on CPC Section 87A

What is the main purpose of CPC Section 87A?

It allows a person intending to file a civil suit to apply to the court for discovery and inspection of relevant documents before filing. This helps in gathering evidence early and making informed decisions.

Who can apply under Section 87A?

Any person who plans to institute a civil suit and needs documents related to the cause of action can apply for discovery and inspection under this section.

Can the court refuse to grant discovery before suit filing?

Yes, the court has discretion and may refuse if the documents are irrelevant, the application is not bona fide, or if granting discovery would cause undue hardship.

Does Section 87A apply after a suit is filed?

No, this section specifically applies before filing a suit. Discovery after suit filing is governed by other provisions like Section 30 and Order XI.

Are there any limitations on documents that can be discovered under Section 87A?

Yes, documents that are privileged, confidential, or not relevant to the cause of action cannot be ordered for discovery under this section.