Civil judge ordered defendent to produce original documents under order 11 rule 16 of cpc but defendent gave false reply that documents are with me. I have already filed Xerox copies having with me. Now under which rule I should apply court to read it in evidence?
Simply make application stating that, the document sought by Hon'ble court is already on record at page no..(). Plaintiff/defendant don't have original copy of this document.
You can request court to accept secondary evidence under section 63 of Indian Evidence Act.. u can satisfy requisites of producing secondary evidence..
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It clearly states that the adversary who is called upon to produce such a document must have referred to it in the pleading or affidavit.
Even though the notice given by the Counsel for the plaintiff states that it was given under Order11Rule16 CPC and even though it can be assumed that strict compliance with the requirement of Order11Rule16 CPC by way of giving the same in the prescribed form cannot be insisted upon; the reason for calling upon the defendant to produce it has to be stated in order to lay the foundation for producing secondary evidence.