Filing of documents
kumar
(Querist) 13 June 2014
This query is : Resolved
In civil case I have to file documents in evidence but intentionally opp. counsel is absenting from court now how to give a copy to the opp. party or to proceed with case.
Devajyoti Barman
(Expert) 13 June 2014
send the documents by post to the other party.
Lawyer SALEEMA KABEER
(Expert) 13 June 2014
No doubt the unamended Code of Civil Procedure, as prior to 1.7.2002, gave discretion to the trial court under Order XIII, Rule 2 to receive the documents at any subsequent stage of the proceedings, but only on a good cause being shown to the satisfaction of the Court for non-production of the same earlier.
However, after the amendments which have been brought out in the Code of Civil Procedure by Act No. 46 of 1999 with effect from 1.7.2002, no such discretion is also now left with the Court as the provision contained in Rule 2 of Order XIII, C.P.C. prior to the amendment is no longer there.
Thus, the parties should file their side documents along with their respective pleadings such as plaint or written statement as the case may be.
If any of the party want to file fresh or additional documents thereafter, necessarily they have to obtain the permission of Court on filing a separate petition for the same.
In other words a plaintiff in a suit can file documents, which he relies at a subsequent stage with a leave of the Court as per Or.7 Rule 14(3) of Civil Procedure Code.
Like wise, the defendant has to obtain leave under Or.8 rule 1A (3) CPC.
Therefore, service of such copy of petition to be filed for obtaining permission of court to receive documents, is enough to proceed further.
(The service can be effected through Court)
Dr J C Vashista
(Expert) 14 June 2014
I agree and appreciate the expert advise of Ms. Saleema Kabeer.
The parties will have to file originals of the documents relied alongwith pleadings, subsequently the party shall have to seek permission of the Court in terms of amended provisions of CPC.
However, Delhi High Court (in exercising its Original Civil Jurisdiction) has exempted filing of Originals with pleadings, for that the plaintiff will have to move an application u/s 151 CPC for exemption of filing originals. The originals of the documents relied are required to be filed after completion of pleadings.
R.K Nanda
(Expert) 14 June 2014
nothing to add.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I too agree with the opinion of expert Ms. Saleema Kabeer on the issue, nothing more to add.
V R SHROFF
(Expert) 14 July 2014
FILE IN COURT WITH COPY FOR OPPOSITE PARTY.
ALSO SEND BY REGD pOST/ SPEED POST OR HAND DELIVER ONE EXTRA COPY TO OPP ADV.
PRODUCE ACKNOWLEDGEMENT TO COURT NXT DT.
If u r Def, ask court to proceed ex-parte, for continuou absence .
