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The Code of Civil Procedure, 1908: page 120

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 120, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    possession, control, or custody of the plaintiff, pertaining to the facts and circumstances of the
    proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that
    the plaintiff does not have any other documents in its power, possession, control or custody.
    Explanation.—A declaration on oath under this sub-rule shall be contained in the Statement of Truth
as set out in the Appendix I.
        (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of
    the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such
    additional documents in court, within thirty days of filing the suit, along with a declaration on oath that
    the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the
    facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have
    any other documents, in its power, possession, control or custody.
        (5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power,
    possession, control or custody and not disclosed along with plaint or within the extended period set out
    above, save and except by leave of court and such leave shall be granted only upon the plaintiff
    establishing reasonable cause for non-disclosure along with the plaint.
        (6) The plaint shall set out details of documents, which the plaintiff believes to be in the power,
    possession, control or custody or the defendant and which the plaintiff wishes to rely upon and seek
    leave for production thereof by the said defendant.
        (7) The defendant shall file a list of all documents and photocopies of all documents, in its power,
                                                                     e
    possession, control or custody, pertaining to the suit, along with the written statement or with its
    counter-claim if any, including–                           od
            (a) the documents referred to and relied on by the defendant in the written statement;
                                                         aC
            (b) the documents relating to any matter in question in the proceeding in the power, possession,
        control or custody of the defendant, irrespective of whether the same is in support of or adverse to
        the defendant’s defense;
                                                    di
                                                In
            (c) nothing in this rule shall apply to documents produced by the defendants and relevant only–
                (i) for the cross-examination of the plaintiff‘s witnesses;
                (ii) in answer to any case setup by the plaintiff subsequent to the filing of the plaint; or
                (iii) handed over to a witness merely to refresh his memory.
        (8) The list of documents filed with the written statement or counter-claim shall specify whether
    the documents, in the power, possession, control or custody of the defendant, are originals, office
    copies or photocopies and the list shall also set out in brief, details of parties to each document being
    produced by the defendant, mode of execution, issuance or receipt and line of custody of each
    document.
        (9) the written statement or counter-claim shall contain a declaration on oath made by the deponent
    that all documents in the power, possession, control or custody of the defendant, save and except for
    those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings
    initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with
    the written statement or counter-claim and that the defendant does not have in its power, possession,
    control or custody, any other documents.
        (10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents,
    which were in the defendant‘s power, possession, control or custody and not disclosed along with the
    written statement or counter-claim, save and except by leave of court and such leave shall be granted
    only upon the defendant establishing reasonable cause for non-disclosure along with the written
    statement or counter-claim.
        (11) The written statement or counter-claim shall set out details of documents in the power,
    possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which
    have not been disclosed with the plaint, and call upon the plaintiff to produce the same.
        (12) Duty to disclose documents, which have come to the notice of a party, shall continue till
    disposal of the suit.
    2. Discovery by interrogatories.—(1) In any suit the plaintiff or defendant by leave of the court may
deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such

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