Code of Civil Procedure, 1908 | Order VII
Order VII Rules 13, 14, 15, 16, 17 and 18 CPC: Plaint Documents
These provisions deal with presentation of a fresh plaint after rejection, documents on which the plaintiff sues or relies, lost negotiable instruments, and shop-books or accounts. The current central CPC has omitted Rules 15 and 18; their former subject-matter is substantially addressed through the amended Rule 14.
Order VII Rule 13 CPC Where rejection of plaint does not preclude presentation of fresh plaint
Rejection of a plaint on any of the grounds mentioned in the preceding Rules does not, by itself, prevent the plaintiff from presenting a fresh plaint in respect of the same cause of action.
This provision should be read with Order VII Rule 11 on rejection of plaint and the applicable law of limitation.
Order VII Rule 14 CPC Production of document on which plaintiff sues or relies
Where the plaintiff sues upon a document or relies on a document in the plaintiff's possession or power in support of the claim, the document must be entered in a list and produced in Court when the plaint is presented. The plaintiff must also deliver the document and a copy for filing with the plaint.
Where such a document is not in the plaintiff's possession or power, the plaintiff must, wherever possible, state in whose possession or power the document is.
A document that ought to have been produced or entered in the list but was not so produced or entered cannot, without leave of the Court, be received in evidence on behalf of the plaintiff at the hearing.
The Rule does not apply to documents produced for cross-examination of the defendant's witnesses or handed to a witness merely to refresh memory.
Order VII Rule 15 CPC Omitted
Former Rule 15 dealt with a statement concerning documents not in the plaintiff's possession or power. It was omitted with effect from 1 July 2002. The current Rule 14(2) now addresses this subject by requiring the plaintiff, wherever possible, to state in whose possession or power the document is.
Order VII Rule 16 CPC Suits on lost negotiable instruments
Where a suit is founded on a negotiable instrument and it is proved that the instrument has been lost, the Court may pass the decree that it could have passed if the instrument had been produced, provided the plaintiff gives an indemnity to the satisfaction of the Court against claims by any other person upon that instrument.
Order VII Rule 17 CPC Production of shop-book
Subject to the Bankers' Books Evidence Act, 1891, where the document on which the plaintiff sues is an entry in a shop-book or other account in the plaintiff's possession or power, the plaintiff must produce the book or account when filing the plaint together with a copy of the entry relied upon.
The Court, or an officer appointed for that purpose, must mark the original for identification, compare the copy with the original and, if correct, certify the copy, return the book to the plaintiff, and cause the certified copy to be filed.
Order VII Rule 18 CPC Omitted
Former Rule 18 dealt with inadmissibility of documents not produced when the plaint was filed. It was omitted with effect from 1 July 2002. The operative rule on this subject is now Rule 14(3), under which a document that ought to have been produced or listed cannot be received in evidence on the plaintiff's behalf without leave of the Court.