Order 11 rule 15

According to Order 11 Rule 15 of the Code of Civil Procedure (CPC), every party to a suit is entitled to give notice to any other party who has referenced a document in their pleadings or affidavits, to produce such document for inspection.

 The party receiving the notice is required to allow the inspection and provide copies if needed.

 *Key Points to Consider:* -

*Mandatory Production*: If a document is specifically referenced in the written statement or affidavit, the party can be compelled to produce it for inspection. -

 *Notice Requirements*: The notice to produce documents should be in a specific format, as per Form No. 7 in Appendix C of the CPC, with necessary variations as circumstances require. -

*Consequences of Non-Compliance*: If a party fails to comply with the notice without sufficient cause, they may not be allowed to use the document in evidence later in the suit, unless the court grants permission on terms it deems fit. -

*Court Discretion*: The court has the discretion to order production of documents if it thinks it's necessary for disposing fairly of the suit or for saving costs.

 Steps to Serve a Notice:

1. *Draft the Notice*: Prepare a notice in the prescribed format (Form No. 7 in Appendix C of the CPC) specifying the documents to be produced.

 2. *Serve the Notice*: Serve the notice on the defendant, allowing them sufficient time to respond and produce the documents.

 3. *Follow Up*: If the defendant fails to comply, you can approach the court for an order directing production.

Before serving the notice, ensure you have a clear understanding of the documents referenced in the written statement and their relevance to your case.

 It's also advisable to consult with a lawyer for specific guidance tailored to your situation.

What are the facts? What is the context?

I have filed Declaration suit.. my property is sold as gpa holder of XYZ.

defendents in written statement has stated one person has sold our property to him and he paid full consideration to him.

He has not produced title deeds of that person who sold them...

But defendent has produced notarized gpa. Based on gpa defendent states he sold our property. Gpa does not say how principal aquired our property. 

In one para he states the gpa is registered document. However in list of documents he has stated notarized gpa. 

In one para he states. My uncle has executed registrered gpa in his favor also and said he paid consideration to him... but he has not produced any such document in list of documents... which is not true ...

Hence I want to ask to inspect these document pleaded by defendents in written state via order 11 rule 15 without court permission...

What is the Case No.? Which Court?

Under the referred provisions of law, every party to a suit shall be entitled at any time to give notice to any other party in whose pleadings or affidavits reference is made to any document, to produce it for inspection and to permit the applicant to take copies thereof.
The right arises when the other party refers to a document in their pleadings or affidavit.
You can serve a written notice to the other side (through court record) asking them to produce the document for inspection.
If they fail or refuse, you can then move the court for an order to compel production under Order XI Rule 16.
Even now you can directly issue a Notice under Order XI Rule 15 CPC to the defendants.
In the said legal notice you can mention that documents have been referred to in paragraphs [mention para numbers] of your Written Statement, but not produced or listed in your list of documents.
You can conclude your legal notice stating that case of failure to produce these documents within seven days from the date of receipt of this notice, for inspection, the Plaintiff shall be constrained to move the Hon’ble Court for necessary directions under Order XI Rule 16 CPC and draw adverse inference under Section 114(g) of the Indian Evidence Act.

You must have engaged a lawyer to file / proceed the suit, what is his / her opinion and advise since s/he is well aware about facts and circumstances of the case, besides  the fact that s/he is an intelligent and able lawyer and bound to satisfy your queries, if it is a true story ???

The matter is pending for framing of issues.

  My advocate wants trail to continue no questions to be asked on notarized gpa made on 20 rs stamp paper. Which defendent produced.

 I told him we need to use powerful tool of discovery and inspection which will cut short the trail and cost of the suit. After reading myself about the order 11 rule 15 and youtube lectures given by Honorable judges in podcast.

Hence I am here to seek opinions

 Thankful for advocates here who are helping us with opinions.

You are welcome for your understanding and apprecitions.