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The Code of Civil Procedure, 1908: page 126

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 126, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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          (a) where the record, book or account is produced on behalf of a party, then by that party, or
          (b) where the record, book or account is produced in obedience to an order of the Court acting of
     its own motion, then by either or any party.
     (3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after
causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark
the entry and cause the book, account or record in which it occurs to be returned to the person producing it.
     6. Endorsements on documents rejected an inadmissible in evidence.—Where a document relied
on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be
endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1) together with
a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge.
     7. Recording of admitted and return of rejected documents.—(1) Every documents which has
been admitted in evidence, or a copy thereof where a copy has been substituted for the original under
rule 5, shall form part of the record of the suit.
     (2) Documents not admitted in evidence shall not form part of the record and shall be returned to the
persons respectively producing them.
     8. Court may order any document to be impounded.—Notwithstanding anything contained in
rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct
any document or book produced before it in any suit to be impounded and kept in the custody of an
officer of the Court, for such period and subject to such conditions as the Court thinks fit.
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     9. Return of admitted documents.—(1) Any person, whether a party to the suit or not, desirous of
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receiving back any documents produced by him in the suit and placed on the record shall, unless the
document is impounded under rule 8, be entitled to receive back the same,—
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          (a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and
          (b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time
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     for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been
     preferred, when the appeal has been disposed of:
     1
                                                              In
       [Provided that a document may be returned at any time earlier then that prescribed by this rule if the
person applying therefor—
          (a) delivers to the proper officer for being substituted for the original,—
               (i) in the case of a party to the suit, a certified copy, and
              (ii) in the case of any other person, an ordinary copy which has been examined, compared and
          certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and
          (b) undertakes to produce the original, if required to do so:]
     Provided also that no document shall be returned which, by force of the decree, has become wholly
void or useless.
     (2) On the return of a document admitted in evidence, a receipt shall be given by the person
receiving it.
     10. Court may send for papers from its own records or from other Courts.—(1) The Court may
of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for,
either from its own records or from any other Court, the record of any other suit or proceeding, and
inspect the same.
     (2) Every application made under this rule shall (unless the Court otherwise directs) be supported
by an affidavit showing how the record is material to the suit in which the application is made, and
that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of
the record or of such portion thereof as the applicant requires, or that the production of the original is
necessary for the purposes of justice.
     (3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any
document which under the law of evidence would be inadmissible in the suit.
     11. Provisions as to documents applied to material objects.—The provisions therein contained as
to documents shall, so far as may be, apply to all other material objects producible as evidence.

1. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977).


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