MAY 12 — The term “discovery” is used to describe a certain process by which a party to a civil action is enabled or allowed to obtain from the opposite party: answers on oath to questions as to the facts in dispute between them; and information as to, and production of, the documents relevant to the dispute; for the purpose of preparing for the trial of the action and of obtaining a final judgment.
“To the general rule, there is, however, an exception exemplified by the Norwich Pharmacal case; the exception being that if, through no fault of his own, a person gets mixed up in the tortious acts of others so as to facilitate their wrongdoing, whilst he may incur no personal liability, yet is under a legal duty to assist the person who has been wronged by giving him full information and in making disclosure of the identity of the wrongdoers.
“A final point needs to be made and it is this: a Norwich Pharmacal Order being an equitable remedy will not be granted as of right even when the requirements for it are satisfied and, so, the court has a discretion as to whether to grant or refuse it.”
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