Order XIII CPC: Production, Impounding and Return of Documents - Rules 1 to 5

Rule 1 - Original documents to be produced at or before the settlement of issues

(1) The parties or their pleader shall produce, on or before the settlement of issues, all documentary evidence in original where copies thereof have been filed along with the plaint or written statement.

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

(3) Sub-rule (1) does not apply to documents:

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

(b) handed over to a witness merely to refresh the witness's memory.

Rule 2 - Omitted

Rule 2, formerly titled "Effect of non-production of documents", was omitted by section 23 of the Code of Civil Procedure (Amendment) Act, 1999 with effect from 1 July 2002.

Rule 3 - 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. The Court must record the grounds for rejecting the document.

Rule 4 - Endorsements on documents admitted in evidence

(1) Subject to sub-rule (2), every document admitted in evidence in the suit must carry an endorsement containing:

(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 that it has been admitted in evidence.

The endorsement must be signed or initialled by the Judge.

(2) Where the document admitted in evidence is an entry in a book, account or record and a copy is substituted for the original under Rule 5, the above particulars are endorsed on the copy and signed or initialled by the Judge.

Rule 5 - Endorsements on copies of admitted entries in books, accounts and records

(1) Except where otherwise provided by the Bankers' Books Evidence Act, 1891, where a document admitted in evidence is an entry in a letter-book, shop-book or other account in current use, the party producing the book or account may furnish a copy of the entry.

(2) Where the 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 the party producing it, the Court may require a copy to be furnished:

(a) by the party on whose behalf the record, book or account is produced; or

(b) where it is produced under an order of the Court acting on its own motion, by either or any party.

(3) After a copy is furnished, the Court shall cause it to be examined, compared and certified in the manner referred to in Order VII Rule 17, mark the entry, and return the book, account or record to the person who produced it.