Introduction
The filing of documents with a plaint is a crucial aspect of civil litigation in India. These documents serve as the evidentiary basis for the claims made in the plaint. This article aims to explore the relevant provisions of the Civil Procedure Code, 1908 (CPC), and landmark judgments that guide the practice of filing documents with a plaint.
Legal Framework: Provisions in the CPC
Order VII Rule 14: Documents Required Along with the Plaint
Order VII Rule 14 of the CPC stipulates the following:
- When a plaintiff sues upon a document in his possession or power, he must produce it in Court when the plaint is presented.
A copy of the document must also be filed with the plaint. - If a document is not in the plaintiff’s possession or power, he must state where it can be found.
- A document not produced or listed as required shall not be received in evidence without the Court’s leave.
The intent behind this rule is to ensure that all relevant documents are presented upfront, thereby facilitating a fair and efficient trial.
Order VII Rule 18: Return of Documents
Order VII Rule 18 of the CPC provides that when a document has been admitted in evidence, such document shall not be returned before the final disposal of the suit. However, if a document is required for any other purpose, it may be returned to the person producing it on giving a receipt for it.
Section 30: Power to Order Discovery and Inspection for filing of documents
Section 30 of the CPC empowers the Court to order any party to a suit to produce any document or thing in its possession or power relating to any matter in question in such suit. The Court may also order any party to deliver interrogatories or answer any interrogatories delivered by any other party.
Landmark Judgments for filing of documents
Jethi Ben v. Maniben, A.I.R. 1983 Guj. 194
This case emphasized the importance of filing all necessary documents along with the plaint, as per Order VII Rule 14, to substantiate the claims made. The Court held that if a document is not filed with the plaint, it cannot be relied upon at a later stage without sufficient cause.
Katecha v. Ambalal Kanjbhai Patel, AIR 1972 Guj. 63
This case highlighted the consequences of not adhering to the requirements of Order VII Rule 14, leading to the rejection of the plaint. The Court observed that a plaint should contain all material facts and documents on which the plaintiff bases his claim and that mere general allegations are not sufficient.
Srihari Hanumandas Totala v. Hemant Vithal Kamat & Ors., Civil Appeal No. 4665/2021 – filing of documents
This case clarified the scope and applicability of Order VII Rule 14(3) of the CPC, which deals with documents not in possession or power of the plaintiff. The Court held that this rule does not apply to documents which are public records or which can be easily accessed by due diligence.
Conclusion for filing of documents
The filing of documents with a plaint is not merely a procedural formality but a substantive requirement under the CPC. Adherence to the provisions of Order VII Rule 14 and other related rules is essential for the effective conduct of a civil suit.
References
Jethi Ben v. Maniben, A.I.R. 1983 Guj. 194
Katecha v. Ambalal Kanjbhai Patel, AIR 1972 Guj. 63
Srihari Hanumandas Totala v. Hemant Vithal Kamat & Ors., Civil Appeal No. 4665/2021
Provisions of Law
| Sr. No. | Provision / Section of Law | Exact text of the Provision / Section of Law |
|---|---|---|
| 1 | Order VII Rule 14, CPC, 1908 | “When a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.” |
| 2 | Order VII Rule 18, CPC, 1908 | “When any document has been admitted in evidence such document shall not be returned before final disposal of suit but when any such document is required at any time before final disposal for any other purpose it may be returned to person producing it on his giving receipt for it.” |
| 3 | Section 30, CPC, 1908 | “Power to order discovery and the like.- Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,- (a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence; (b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid; © order any fact to be proved by affidavit.” |
