Civil Procedure Code (CPC)

Order 7 rule 14 (4) of cpc (civil law)


sir

   in last date, plaintiff and defendant were asked to give list of document and witness. i have to give cd of tape record to plaintiff in single copy.the court asked me to give it in 2 copy including to plaintiff after hearing by court.

as plaintiff failed to give list of wintness,can he be stopped to produce for witness ? i want to listen tape conversation with plaintiff in main chef and cross him. if i give cd in advance,the plaintiff would prepare to defeat the purpose. pl suggest the recourse available.thanks

 
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[14. Production of document on which plaintiff sues or relies

(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

 

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

 

2[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.];

 

(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.]

 As per provision of  order 7 rule 14 of cpc whatever documents you submit in court , have to give the copy of such documents to opposite party.

 

 

 

 

 

 
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sir

    i want to give tap in C D as evidence and cross exam with plaintiff.what is transcriptt.

 as plaintiff has not given the list of witnesses to be produced to prove the promissory notes witnee.so how can object on pw witnes on a later date.in tape plaintiff has accepted the receipt of money

 
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As per law ,you have to  give  copy of tap {cd} to opposite party and opposite party has every right to listen that tap {cd}.so court has passed  the order as per law nothing is wrong.

 
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thanks for 1st half answer.the next is ;--transcipt of tape

                                                                  ;-as last date was list submission of witness by plaintiff.but he failed so .how can be pplaintiff witness can be stopped from evidence. is there any such law

 
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