PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
1. Documentary evidence to be produced at first hearing.__ (1) The parties or their pleaders
shall produce, at the first hearing of the suit, 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.
1[(3) On production of documents under this rule, the Court may call upon the parties to admit or
deny the documents produced in the Court and record their admission or, as the case may be, denial.]
2. Effect of nonproduction
of documents. 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 nonproduction
thereof; and the Court receiving any such evidence
shall record the reasons for so doing.
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, recording the ground of
such rejection.
4. Endorsement on documents admitted in evidence.__ (1) Subject to the provisions of the next
following subrule,
there shall be endorsed on every document which has been admitted in evidence in
the suit the following particulars, namely:1Added
by Act XIV of 1994, S.11.
Code of Civil Procedure, 1908 [1908 : V]
Page 132 of 370
(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 initiated 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.
5. Endorsements on copies of admitted entries in books, accounts and records: (1) Save in so
far as is otherwise provided by the Banker's Books Evidence Act, 1891 (XVIII of 1891), where a
document admitted in evidence in the suit is an entry in a letterbook,
or a shopbook
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 he book, account or record in which it occurs to be returned to the
person producing it.
6. 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, subrule
(1) together
with a statement of its having been rejected, and the endorsement shall be signed or initialed by the
Judge.
7. 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.
Code of Civil Procedure, 1908 [1908 : V]
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8. 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.
9. 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 delivers to the proper officer a certified copy to the substituted for the
original and undertakes to produce the original if required to do so:
Provided also that no document shall be returned which, 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.
10. 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.
11. Provisions as to documents applied to material objects. The provisions herein contained as
to documents shall, so far as may be, apply to all other material objects producible as evidence.