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The Code of Civil Procedure, 1908: page 122
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 122, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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(3) Order in such application shall be disposed of within thirty days of filing such application,
including filing replies and rejoinders (if permitted by court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party
seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
inspection has not been given, save and except with leave of court.
(6) The Court may impose exemplary costs against a defaulting party, who willfully or negligently
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in
their power, possession, control or custody or where a court holds that inspection or copies of any
documents had been wrongfully or unreasonably withheld or refused.
4. Admission and denial of documents.—(1) Each party shall submit a statement of admissions or
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the
completion of inspection or any later date as fixed by the court.
(2) The statement of admissions and denials shall set out explicitly, whether such party was
admitting or denying:
(a) correctness of contents of a document;
(b) existence of a document;
(c) execution of a document;
(d) issuance or receipt of a document; e
(e) custody of a document. od
Explanation.—A statement of admission or denial of the existence of a document made in
aC
accordance with clause (b) of sub-rule (2) shall include the admission or denial of the contents of a
document.
di
(3) Each party shall set out reasons for denying a document under any of the above grounds and
In
bare and unsupported denials shall not be deemed to be denials of a document and proof of such
documents may then be dispensed with at the direction of the court.
(4) Any party may however submit bare denials for third party documents of which the party
denying does not have any personal knowledge of, and to which the party denying is not a party to in
any manner whatsoever.
(5) An affidavit in support of the statement of admissions and denials shall be filed confirming the
correctness of the contents of the statement.
(6) In the event that the court holds that any party has unduly refused to admit a document under
any of the above criteria, costs (including exemplary costs) for deciding on admissibility of a
document may be imposed by the court on such party.
(7) The court may pass orders with respect to admitted documents including for waiver of further
proof thereon or rejection of any documents.
5. Production of documents.—(1) Any party to a proceeding may seek or the court may order, at any
time during the pendency of any suit, production by any party or person, of such documents in the
possession or power of such party or person, relating to any matter in question in such suit.
(2) Notice to produce such document shall be issued in the form provided in Form No. 7 in Appendix C to
the Code of Civil Procedure, 1908 (5 of 1908).
(3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and
not more than fifteen days to produce such document or to answer to their inability to produce such document.
(4) The court may draw an adverse inference against a party refusing to produce such document after
issuance of a notice to produce and where sufficient reasons for such non-production are not given and
order costs.
6. Electronic Records.—(1) In case of disclosures and inspection of electronic records as defined in
the Information Technology Act, 2000 (21 of 2000), furnishing of printouts shall be sufficient compliance
of the above provisions.
(2) At the discretion of the parties or where required (when parties wish to rely on audio or video
content), copies of electronic records may be furnished in electronic form either in addition to or in
lieu of printouts.
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