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The Code of Civil Procedure, 1908: page 125

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 125, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    7. Affidavit of signature.—An affidavit of the pleader or his clerk, of the due signature of any
admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidenced of
such admissions, if evidence thereof is required.
     8. Notice to produce documents.—Notice to produce documents shall be in Form No. 12 in
Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of
the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce,
shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.
    9. Costs.—If a notice to admit or produce specifies documents which are not necessary, the costs
occasioned thereby shall be borne by the party giving such notice.
                                              ORDER XIII
                           Production, Impounding and Return of Documents
    1
     [1. Original documents to be produced at or before the settlement of issues.—(1) The parties or
their pleader shall produce on or before the settlement of issues, all the documentary evidence in original
where the copies thereof have been filed along with plaint or written statement.
    (2) The Court shall receive the documents so produced:
   Provided that they are accompanied by an accurate list thereof prepared in such form as the High
Court directs.
    (3) Nothing in sub-rule (1) shall apply to documents—
                                                                           e
                                                                      od
         (a) produced for the cross-examination of the witnesses of the other party; or
                                                               aC
         (b) handed over to a witness merely to refresh his memory.]
    2. [Effect of non-production of documents.] Rep. by the Code of Civil Procedure (Amendment) Act, 1999
                                                          di
(46 of 1999) s. 23 (w.e.f. 1-7-2002).
                                                     In
    3. Rejection of irrelevant or inadmissible documents.—The Court may at any stage of the suit reject
any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such
rejection.
     4. Endorsements on documents admitted in evidence.—(1) Subject to the provisions of the next
following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the
suit the following particulars, namely:—
         (a) the number and title of the suit,
         (b) the name of the person producing the document,
         (c) the date on which it was produced, and
         (d) a statement of its having been so admitted,
and the endorsement shall be signed or initialled by the Judge.
    (2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has
been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed
on the copy and the endorsement thereon shall be signed or initialled by the Judge.
    5. Endorsements on copies of admitted entries in books, accounts and records.—(1) Save in so
far as is otherwise provided by the Bankers’ Books Evidence Act, 1891 (XVIII of 1891) where a
document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in
current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.
    (2) Where such a document is an entry in a public record produced from a public office or by a public
officer, or an entry in a book or account belonging to a person other than a party on whose behalf the
book or account is produced, the Court may require a copy of the entry to be furnished—


1. Subs. by Act 46 of 1999, s. 23, for rules 1 and 2 (w.e.f. 1 -7-2002).

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