ORDER VII PLAINT - RULE 13, 14, 15, 16, 17, 18 OF CODE OF CIVIL PROCEDURE 1908

Where rejection of plaint does not preclude presentation of fresh plaint? What is the meaning of Production of document on which plaintiff sues? What is Statement in case of documents not in plaintiff's possession or power? What are Suits on lost negotiable instruments? What is Production of shop-book? What is Inadmissibility of document not produced when plaint filed? Rule 13, 14, 15, 16, 17 and 18 of Order VII of Code of Civil Procedure 1908

Where rejection of plaint does not preclude presentation of fresh plaint, Production of document on which plaintiff sues, Statement in case of documents not in plaintiff's possession or power, Suits on lost negotiable instruments, Production of shop-book and Inadmissibility of document not produced when plaint filed are defined under Rule 13, 14, 15, 16, 17 and 18 of Order VII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 13 Order VII of Code of Civil Procedure 1908 "Where rejection of plaint does not preclude presentation of fresh plaint"

The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Rule 14 Order VII of Code of Civil Procedure 1908 "Production of document on which plaintiff sues"

(1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.

(2) List of other documents -Where he relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint.

Rule 15 Order VII of Code of Civil Procedure 1908 "Statement in case of documents not in plaintiff's possession or power"

Where any such document is not in the possession or power of the plaintiff, he shall, if possible, state in whose possession or power it is.

Rule 16 Order VII of Code of Civil Procedure 1908 "Suits on lost negotiable instruments"

Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.

Rule 17 Order VII of Code of Civil Procedure 1908 "Production of shop-book"

(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.

(2) Original entry to be marked and returned- The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.

Rule 18 Order VII of Code of Civil Procedure 1908 "Inadmissibility of document not produced when plaint filed"

(1) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in tie list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(2) Nothing in this rule applies to documents produced for cross-examination of the defendant's witnesses or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory.

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