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The Code of Civil Procedure, 1908: page 119

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 119, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     (3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by
a party shall specify––
         (a) the parties to such Electronic Record;
         (b) the manner in which such electronic record was produced and by whom;
         (c) the dates and time of preparation or storage or issuance or receipt of each such electronic
     record;
         (d) the source of such electronic record and date and time when the electronic record was printed;
         (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids;
         (f) in case of documents stored on a computer or computer resource (including on external servers
     or cloud), details of ownership, custody and access to such data on the computer or computer
     resource;
         (g) deponent’s knowledge of contents and correctness of contents;
         (h) whether the computer or computer resource used for preparing or receiving or storing such
     document or data was functioning properly or in case of malfunction that such malfunction did not
     affect the contents of the document stored;
         (i) that the printout or copy furnished was taken from the original computer or computer resource.
     (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be
required to give inspection of electronic records, provided a declaration is made by such party that each
                                                                         e
such copy, which has been produced, has been made from the original electronic record.
                                                                 od
     (5) The Court may give directions for admissibility of Electronic Records at any stage of the
proceedings.
                                                          aC
     (6) Any party may seek directions from the Court and the Court may of its motion issue directions for
submission of further proof of any electronic record including metadata or logs before admission of such
electronic record.                                    di
     7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt,
                                                 In
it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of
Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions
of High Court or Commercial Courts.]
                                              STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).―
    For Order XI of the Code, substitute the following Order, namely.–
                                                   “ORDER XI
                   DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS
   1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
with the plaint, including:–
   (a) documents referred and relied on by the plaintiff in the plaint;
   (b) documents relating to any matter in question in the proceedings, in the power, possession, control
or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support
of or adverse to the plaintiffs case; and
   (c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only–
         (i) for the cross-examination of the defendant‘s witnesses, or
         (ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or
         (iii) handed over to a witness merely to refresh his memory.
       (2) The list of documents filed with the plaint shall specify whether the documents in the power,
   possession, control or custody of the plaintiff are originals, office copies or photocopies and the list
   shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt
   and line of custody of each document.
       (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,



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