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Report No. 163

Documents

Q.28. Order 13, rules 1 and 2 (Production of documents): Clause 23 of the Bill

Order 13, rules 1-2 of the Code provide that where a document is not already filed in court by a party, the party must produce it (if in the party's possession or power) at or before the settlement of issues Otherwise it cannot be tendered in evidence, without leave of the court.

In the Bill (see the amendments proposed in Order 7, rule 14 and Order 8, rule 1A), the scheme adopted is different. All documents - basic or evidentiary - must be produced - in original or in copy with the pleading. Where a copy has been so filed, the original must be delivered when the issues are settled. [See under Q.15 and Q.17, above].

To a very large extent, the amendment of Order 13, rules 1-2 is consequential on the more stringent approach already adopted in the Bill under Order 7, rule 14 and Order 8, rule 1A, and the fate of the two proposals hangs together. However, one point of detail needs examination. A party may be having only a copy of a document and may be able to file it under Order 7, rule 14, etc. But he may not be able to comply with proposed Order 13, rule 1 (requiring the filing of the original on settlement of the issue in every case where he has filed the copy earlier). In such a situation, the rule must provide that the party ought to apply to the court to send for the document from the custody of the person in possession of it.



The Code of Civil Procedure (Amendment) Bill, 1997 Back




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