ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENT - RULE 6, 7, 8, 9, 10, 11 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

Endorsements on documents rejected as inadmissible in evidence, Recording of admitted and return of rejected documents, Court may order any document to be impounded, Return of admitted documents, Court may send for papers from its own records or from other Courts and Provision as to documents applied to material objects are defined under Rule 6, 7, 8, 9, 10 and 11 of Order XIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 6 Order XIII of Code of Civil Procedure 1908 "Endorsements on documents rejected as inadmissible in evidence"

Where a document relied on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1) together with a statement of its having been rejected, and the endorsement shall be signed or initialed by the Judge.

Rule 7 Order XIII of Code of Civil Procedure 1908 "Recording of admitted and return of rejected documents"

(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 5, shall form part of the record of the suit.

(2) Documents not admitted in evidence shall not form part of the record and shall be returned to the persons respectively producing them.

Rule 8 Order XIII of Code of Civil Procedure 1908 "Court may order any document to be impounded"

Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the Court, for such period and subject to such conditions as the Court thinks fit.

Rule 9 Order XIII of Code of Civil Procedure 1908 "Return of admitted documents"

(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same,-

(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and

(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the appeal has been disposed of :

Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor-

(a) delivers to the proper officer for being substituted for the original,-

(i) in the case of a party to the suit, a certified copy, and

(ii) in the case of any other person, an ordinary copy which has been examined, compared and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and

(b) undertakes to produce the original, if required to do so :

Provided also, that no document shall be returned with, by force of the decree, has become wholly void or useless.

(2) On the return of a document admitted in evidence, a receipt shall be given by the person receiving it.

Rule 10 Order XIII of Code of Civil Procedure 1908 "Court may send for papers from its own records or from other Courts"

(1) The Court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records or from any other Court, the record of any other suit or proceeding, and inspect the same.

(2) Every application made under this rule shall (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the suit in which the application is made, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary for the purposes of justice.

(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any document which under the law of evidence would be inadmissible in the suit.

Rule 11 Order XIII of Code of Civil Procedure 1908 "Provision as to documents applied to material objects"

The provisions therein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.

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