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Report No. 163

Order XIII

Production, Impounding and Return of Documents

1. Documentary evidence to be produced at or before the settlement of issues.- (1) The parties or their pleaders shall produce, at or before the settlement of issues, 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 us the High Court directs.

2. Effect of non-production of documents.- (1) 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 non-production thereof; and the Court receiving any such evidence shall record the reasons for so doing.

(2) Nothing in sub-rule (1) shall apply to documents,-

(a) produced for the cross-examination of the witness of the other party, or

(b) handed over to a witnesses merely to refresh his memory.

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




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