ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENT - RULE 1, 2, 3, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning of documentary evidence to be produced at or before the settlement of issues?, What is the Effect of non-production of documents? What is Rejection of irrelevant or inadmissible documents? What are Endorsements on documents admitted in evidence? What is Endorsements on copies of admitted entries in books, accounts and records? Rule 1, 2, 3, 4 and 5 of Order XIII of Code of Civil Procedure 1908

Documentary evidence to be produced at or before the settlement of issues, Effect of non-production of documents, Rejection of irrelevant or inadmissible documents, Endorsements on documents admitted in evidence, Endorsements on copies of admitted entries in books and accounts and records are defined under Rule 1, 2, 3, 4 and 5 of Order XIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XIII of Code of Civil Procedure 1908 "Documentary evidence to be produced at or before the settlement of issues"

(1) The parties or their pleaders shall produce, 67[at or before the settlement of issues], all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced.

(2) The Court shall receive the documents so produced : Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.

Rule 2 Order XIII of Code of Civil Procedure 1908 "Effect of non-production of documents"

(1) No documentary evidence in the possession or power of any party which should have been, but has not been produced in accordance with the requirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof; and the Court receiving any such evidence shall record the reasons for so doing.

(2) Nothing in sub-rule (1) shall apply to documents,-

(a) produced for the cross-examination of the witnesses of the other party, or

(b) handed over to a witness merely to refresh his memory.

Rule 3 Order XIII of Code of Civil Procedure 1908 "Rejection of irrelevant or inadmissible documents"

The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.

Rule 4 Order XIII of Code of Civil Procedure 1908 "Endorsements on documents admitted in evidence"

(1) Subject to the provisions of the next following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars, namely : -

(a) the number and title of the suit,

(b) the name of the person producing the document,

(c) the date on which it was produced, and

(d) a statement of its having been so admitted,

and the endorsement shall be signed or initialed by the Judge.

(2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialled by the Judge.

Rule 5 Order XIII of Code of Civil Procedure 1908 "Endorsements on copies of admitted entries in books, accounts and records"

(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891) where a document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.

(2) Where such a document is an entry in a public record produced from a public office or by a public officer, or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the Court may require a copy of the entry to be furnished-

(a) where the record, book or account is produced on behalf of a party, then by that party, or

(b) where the record, book or account is produced in obedience to an order of the Court acting of its own motion, then by either or any party.

(3) Where a copy of an entry is furnished. under the foregoing provisions of this rule, the Court shall, after causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark the entry and cause the book, account or record in which it occurs to be returned to the person producing it.

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