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CODE OF CIVIL PROCEDURE 1908

ORDER X EXAMINATION OF PARTIES BY THE COURT

How to do Ascertainment whether allegations in pleadings are admitted or denied? What is Oral examination of party, or companion of party? What is the Substance of examination to be written? What is the Consequence of refusal or inability of pleader to answer? Rule 1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908

 

 

ORDER XI DISCOVERY AND INSPECTION

What is Discovery by interrogatories? What is the meaning Particular interrogatories to be submitted? What is Costs of interrogatories? What is Form of interrogatories? What are Corporations? What are Objections to interrogatories by answer? What is Setting aside and striking out interrogatories? What is Affidavit in answer, filing? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908

What is Form of affidavit in answer? What is the meaning No exception to be taken? What is Order to answer or answer further? What is Application for discovery of documents? How to prepare Affidavit of documents? How to do Production of documents? What is Inspection of documents referred to in pleadings or affidavits? What is Notice to produce? Rule 9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908

What is the Time for inspection when notice given? What is Order for inspection? What are Verified copies? What is Premature discovery? What is Non-compliance with order for discovery? What is Using answers to interrogatories at trial? Is Order to apply to minors? Rule 17, 18, 19, 29, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908

 

 

ORDER XII ADMISSION

What is Notice of admission of case? What is notice Notice to admit documents? What is the meaning Document to be deemed to be admitted if not divided after service of notice to admit documents? What is Form of notice? What is the Power of Court to record admission? What is Notice to admit acts? Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908

What is Form of admissions? What is the meaning of Judgment on admissions? What is Affidavit of signature? What is the meaning of Notice to produce documents? What are Costs? Rule 5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908

ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

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

What is Endorsements on documents rejected as inadmissible in evidence? What is Recording of admitted and return of rejected documents? What is the meaning Court may order any document to be impounded? What is the process of Return of admitted documents? What is the meaning Court may send for papers from its own records or from other Courts? What is the Provision as to documents applied to material objects? Rule 6, 7, 8, 9, 10 and 11 of Order XIII of Code of Civil Procedure 1908

ORDER XIV SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

What is Framing of issues? Does Court to pronounce judgment on all issues? What are the Materials from which issues may be framed? Can Court may examine witnesses or documents before framing issues? What is Power to amend and strike out, issues? What is the meaning Questions of fact or law may by agreement be stated in form of issues? Can Court, if satisfied that agreement was executed in good faith, may pronounce judgment? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XIV of Code of Civil Procedure 1908

ORDER XV DISPOSAL OF THE SUIT AT THE FIRST HEARING

Who are Parties not at issue? What is the meaning of One of several defendants not at issue? Who are Parties at issue? What is the consequence of Failure to produce evidence? Rule 1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908

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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