copy of documents

mahendra rai jain (Querist) 03 May 2011 This query is : Resolved
Is it necessary to provide copy of documents to defendent in any civil suit under O 7 R 1 CPC ? if yes than in which provision it is necesary ?

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Devajyoti Barman (Expert) 03 May 2011
No, only the court is to furnished the copies of the documents to be relied on.

Guest (Expert) 03 May 2011
if yes than in which provision it is necesary ?
Yes.
O.5 R.1 CPC says summons may be issued to defendant:-
1). to appear and answer the claim; and
2). to file the written statement of his defense;

Thus it is mandatory to give copy to defendant.Otherwise the defendant cant file written statement.Either court or plaintiff give copy to defendant.

PALNITKAR V.V. (Expert) 04 May 2011
copies of the documents on which the plaintiff wants to rely must be supplied to defendant.That is the principle of natural justice. The other side must know what case he is required to meet.

adv. rajeev ( rajoo ) (Expert) 04 May 2011
it is necessary to supply the copies of the doucments whatever you produce before the court.

Raj Kumar Makkad (Expert) 04 May 2011
It is not mandatory but directory.

mahendra rai jain (Querist) 04 May 2011
Thanks for the reply to all.

Guest (Expert) 04 May 2011
Unless he knows what actually are the allegations, he would not be able to file his reply in defence. So, you would need to rovide him a copy of the related documents.

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