ORDER XIII – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XIII. PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

 

ORDER XIII. PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

 

1[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 the documentary evidence of in original where the copies thereof have been filed along with plaint or written statement.

 

(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.

 

(3) 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.]

 

1. Subs, for rule 1 and 2 by Act No. 46 of 1999, section 23 (w.e.f. 1-7-2002).

 

1[2. Omitted.]

 

1. Subs, for rule 1 and 2 by Act No. 46 of 1999, section 23 (w.e.f. 1-7-2002).

 

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 grounds of such rejection.

 

4. 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 initialled 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.

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order XIII, in rule 4, insert the following proviso, namely:-

“Provided that in proceedings filed in Bombay Civil Court, the endorsement may be signed or initialled by such officer as the Principal Judge may authorise in this behalf.” (w.e.f. 1-10-1983)

 

Patna.-

In Order XIII, in rule 4, in sub-rule (1) and sub-rule (2), after the word “Judge”, insert the following words, namely:-

 

“or, in the case of the High Court, by an officer in Court under the order for the Judge or one of the Judges”, (w.e.f. 5-2-1971)

 

Punjab and Haryana.-

In Order XIII, in rule 4, insert the following proviso, namely:-

“Provided that where the Court is satisfied that the documents, not endorsed in the manner laid down in the above rule, was in fact, admitted having been properly admitted in evidence unless non-compliance with this rule has resulted in miscarriage of justice.” (w.e.f. 11-6-19
74)

 

5. 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 accusing 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.

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order XIII, in rule 5, in sub-rule (3), insert the following proviso, namely:-

“Provided that where the entry referred to in this rule is in a language other than English or the language of the Court, the provision contained in the proviso to sub-rule (2) of rule 17 or Order VII shall apply mutatis mutandis to such an entry.”

 

[Vide Notification No. C 0403/52, dated 1st October, 1983.]

 

Gujarat.-

Same as in Bombay omitting the words “English or”.

 

6. Endorsements on documents rejected as inadmissible in evidence

When 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 initialled by the Judge

 

HIGH COURT AMENDMENT

 

Bombay.-

In Order XIII, in rule 6, insert the following proviso, namely:-

“Provided that in proceedings filed in Bombay City Gvil Court the endorsement may be signed by such officer as the principal Judge may authorise in this behalf.” (w.e.f. 1-10-1983)

 

7. recording of admitted and return or 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.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Bombay.-

In Order XIII, in rule 7, after sub-rule (2), insert the following sub-rule, namely:-

 

“(3) Documents in language other than English or Court Language, or in script other than Devnagri.-

 

Every document produced in e
vidence which is not written in the Court language or in English, shall be accompanied by a correct translation into English or the Court language; and every document which is written in the Court language or in a script other than Devnagri shall be accompanied by a correct transliteration into Devnagri script. If the document is admitted in evidence, the opposite party shall either admit the correctness of the translation or transliteration or submit his own translation or transliteration of the document.” (w.e.f. 1-10-1983)

 

Kerala.-

Same as in Madras, (w.e.f. 9-6-1959)

 

Madhya Pradesh.-

In Order XIII, in rule 7, after sub-rule (2), insert sub-rule (3) which is same as in Bombay with the following modifications:-

 

(a) omit the words “or the Court language” after the words “translation into English”;

 

(b) between the words “Court language” and “in a script”, substitute the word “but” for “or”. (16-9-1943)

 

Madras.-

In Order XIII, in rule 7, in sub-rule (2), insert the following proviso, namely:-

“Provided that no document shall be returned which by force of the decree has become wholly void or useless.”

 

[Vide Dis No. 434 of 1916.]

 

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 think 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:

 

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

 

(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.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Bombay.-

In Order XIII, in rule 9, in sub-rule (1), after the first proviso, insert the following proviso, namely:-

 

“Provided also that a copy of the decree and
of the judgment filed with the memorandum of appeal under Order XLI rule 1, may be returned after the appeal has been disposed of by the Court.” (w.e.f. 1-10-1983).

 

Gujarat.-

(i) In Order XIII, in rule 9, in sub-rule (1), after first proviso insert a second proviso which is same as in Bombay.

 

Karnataka.

In Order XIII, in rule 9, after sub-rule (2), insert sub-rules (3) and (4) as in Madras with substitution in sub-rule (3) of the words “verified in the manner prescribed for verification of plaints” for the words “made by a verified petition”.

 

Kerala.-

Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-

In Order XIII, in rule 9, after sub-rule (2), insert the following sub-rules, namely:-

 

“(3) Every application for return a document under the first proviso to sub-rule (1) shall be made by a verified petition and shall set forth facts justifying the immediate return of the original.

 

(4) The Court may make such order as it thinks fit for the costs of any or all the parties to any application under sub-rule (1). The Court may further direct that any costs incurred in complying with or paid on application under sub-rule (1) or incurred in complying with the provisions of the rule 5 of this Order, shall be included as costs in the cause.”

 

Patna.-

In Order XIII, in rule 9, after sub-rule (1), insert the following sub-rule, namely:-

 

“(1A) Where a document is produced by a person who is not a party in the proceeding the Court may require the party on whose behalf the document is produced, to substitute a certified copy for the original as hereinafter provided.”

 

1. Subs, by Act No. 104 of 1976, for the proviso (w.e.f. 1-2-1977).

 

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 suit or proceedings, and inspect the same.

 

(2) Every application made under this rule (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 therein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.

 

HIGH COURT AMENDMENTS

 

Allahabad.-

In Order XIII, after rule 11, insert the following rules, namely:-

“12. Every document not written in the Court vernacular or in English, which is produced (a) with a plaint, or (b) at the first hearing, or (c) at any other time tendered in evidence in any suit, or proceeding, shall be accompanied by a correct translation of the document into the Court vernacular. If any such document is written in the Court vernacular but in characters other than the ordinary Persian or Nagri cha
racters in use, it shall be accompanied by a correct transliteration of its contents into the Persian or Nagri character.

 

The person making the translation or transliteration shall give his name and address and verify that the translation or transliteration is correct. In case of a document written in a script or language not known to the translator or to the person making the transliteration, the person who reads out the original document for the benefit of the translator or the person making the transliteration shall also verify the translation and transliteration by giving his name and address and staling that he has correctly read out the original document.

 

13. When a document included in the list, prescribed by rule 1, has been admitted in evidence, the Court shall, in addition to making the endorsement prescribed in rule 4(1), mark such document with serial figures in the case of documents admitted as evidence for a plaintiff, and with serial letters in the case of documents admitted as evidence for a defendant, and shall initial every such serial number or letter. When there are two or more parties defendants, the documents of the first party defendant may be marked A-l, A-2, A-3, etc. and those of the second party B-l, B-2, B-3, etc. When a number of documents of the same nature is admitted, as for example a series of receipts for rent, the whole series shall bear one figure or capital letter or letters and a small figure or small letter shall be added to distinguish each paper of the series.”

 

Karnataka.-

In Order XIII, after rule 11, insert the following rule, namely:-

 

“12. Where any document not written in the language of the Court is produced either with the plaint or with the written statement or at the first hearing or is at any other time tendered in evidence in any suit the Court may require that it shall be accompanied by a correct translation of the document into the language of the Court. Such translation shall be made either by the translator or interpreter of the Court, if any, or by any other competent person, and in the latter case the translation shall be verified by an affidavit of the person making the same declaring that he is acquainted with the character and language of the document and with the language of the Court and that the translation is true and correct to the best of his knowledge.” (w.e.f. 9-2-1967)

 

Orissa.-

In Order XIII, after rule 11, insert the following rule, namely:-

 

“12. Every document not written in Oriya or English which is produced (a) with a plaint or (b) at the first hearing or (c) at any other time tendered in evidence in any suit, appeal or proceeding, shall be accompanied by a correct translation of the document into English. The person making the translation shall give his name and address and verify that the translation is correct. If the document is admitted in evidence the opposite party shall either admit the correctness of the translation or submit his own translation of the document.” {w.e.f. 19-12-1961)

 

 

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Civil Procedure Code 1908

 

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