Civil Procedure Code - Discovery, Inspection, Production, Impounding, Return of the Document.

Introduction

After the plaint is file and written statement is filed, tons and tons things happen in court before decree is passed or judgment is delivered.

One such thing is discovery and inspection of documents which is covered in Order 11. Also production, impounding and return of document is provided in Order 13 of the Civil Procedure Code. Order 7 (Which deals with plaint) and Order 8(Which deals with Written Statement) also have provisions related to document.

So, we are going to see highlighted process in below image in this blog.

Discovery and Inspection of Document

Order 11 from Rule 12 to 21 deals with discovery and inspection of documents.

Discoveries are of two types. First about interrogatories (questions) and Second about documents.

Documents are also of two types. Below image summarizes this.

Only those documents of which adverse party is entitle to inspect can be inspected by parties. Certain documents cannot be given to opposite party.

You can discover the document by the procedure mentioned in Rule 12 to 14 in Order 11.

Summary of the procedure is as below:

Yeyy..!! Once the court orders production of document, you are done.

Now, you might refer some document in plaint or defendant might refer some document in his written statement.  All the documents referred by one party can be inspected by another party by notice. Provisions related to this are given under Rule 15 to 18 in Order 11.

First you give notice to other party. Then within 10 days other party has to inform you back about documents. Once they reply, they should give you time and place to inspect such document withing 3 days. 

For example you send notice on 1st January. Other party has to reply before 10th January. If they reply you on 9th January, withing 3 days i.e up to 12th January you should able to see the documents you want to see.

Here is what you can do to inspect the document from opposite party. And you can inspect this document withing specific time.

All above provisions are about documents which are referred in Plaint or written statement.

What about documents which are not referred in plain or written statement.

Well, for that Section 18(2) provides a way out.

You can apply for those documents too. Below is the way:

This is an overview about discover and inspection.

Production and Rejection of Document

Order 7(Which deals with plaint), Order 8((Which deals with Written Statement) and Order 13 all have provisions related to submission of documents.  In this blog we will be mainly dealing with Order 13.

So provisions related to production of document are as below.

 

All the documents on which your plain relies or defendants written statement relies should be submitted to court. 

Remember these documents you submit are piece of record, not a piece of evidence. Whenever court decides upon their admissibility as evidence then they become piece of evidence, till then they are piece of record.

Rule 1 states about submission.

 Rule 2 states what happen if you don't submit the document at this state. If you don't submit, then you cannot submit them at later state, unless court gives you permission. Also you can submit the document at later stage for cross examination, or give it to witness so that witness can refresh his memory.

Rule 1 and 2 in nutshell

What will court do once these documents are submitted?

Rule 3 states that court can reject the document after submission, or at any stage later, if it finds such documents irrelevant or inadmissible. When court rejects the document it has to record the reason for such rejection.

Rule 4 states that Court after submission may endorse the document. Endorsement here mean court is saying "Ok, we got it, we signed it".

When court reject the document, even then it endorses document. While endorsement on rejected document mean Court is saying "Ok, we got the document, but we didn't like it so we are rejecting it". This is provided in Rule 6.

When we were referring to document, we meant Original document. What if original document cannot be produced in a court? Well, there are provisions about what you can do in that case.

Rule 5 have provisions about it. You can produce copy, such copy may be certified by court or you can produce certified copy itself.

Rule 5 also provides whose duty it is to produce a document.

Summary of Rule 5:

So this is in overview of production and rejection of document.

Impounding

Rule 8 of Order 13 deals with impounding. This is more of part of Indian Stamp Act. 

Rule 8 only states that Court can seize the document submitted to it. Generally court does it when document is not stamped, not properly stamped or under stamped.

Below are few words about stamping.

Return of Document

What will courts do with the document once the case is over. Of course they will return it. And we have rule saying this in Order 13.

Rule 9 deals with return of document. Not only once the usability of document is over, they can be returned even before. But copy of such document has to be given to court.

Summary of Rule 9:

So that's it about inspection/production/impounding/return of the document.

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