a. The term “Privileged Document” has not been defined in CPC however, as per the general understanding; Privileged Documents are those which need not be disclosed to the other party, neither before nor after the commencement of the trial containing such confidential information having protection under law
b. The Hon’ble Andhra Pradesh High Court in its judgment Rajesh Bhatia &Ors. v. G. Parimala&Anr. 2006 (3) ALD 415 has provided an indicative list of grounds based on which protection can be claimed over documents considered as Privileged Documents:
i. legal professional privilege,
ii. that production is contrary to public policy,
iii. that the documents in question may tend to criminate the party or his or her spouse,
iv. that the production is contrary to some statutory provision which imposes secrecy,
v. that production is contrary to some express or implied agreement between the parties,and
vi.that production would, in the circumstances of the particular case, be oppressive
c. A party who is directed by court to make discovery of documents and who wants to claim privilege over any of the documents has to file an affidavit under Ord. XI R 13 specifying which documents does the party object to produce i.e. the documents on which privilege is sought to be claimed and provide supporting reasons
d. Where privilege is claimed for any document and the other part questions the claim of privilege, the Court shall have the right to inspect the document for the purpose of deciding the validity of the claim of privilege.