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...-examination of the witness of the other party, or(b) Handed over to a witness merely to refresh his memory.For the purpose of this matter, even order XI, ...the Court allows the application then the party against whom such an order under Rule 12 is made, shall file an affidavit of documents under Rule 13 ...preceding rule any party desires to have such affidavit made………….” Therefore, under Rule 164, it says “affidavit of documents is required to be filed, such affidavit” and ...
...1(A) and Order XI Rule 12 are as under.Order VIII Rule 1(A):“Duty of defendant to produce documents upon which relief ...same shall not be applicable at all. Order XI Rule 12 of the CPC provides discovery of documents and it provides that any party may, without filing any ...Exh.123 in Special Civil Suit No. 326 of 1989 by which the application submitted by the petitioners-plaintiffs purported to be under Order VIII Rule (1)(A) read with Order XI ...
...party is to adduce his evidence only and cannot compel the adversary to produce evidence to help the other party.It is clearly stated in order XI Rule 13 that in the affidavit of ...XI Rule 12 a party has the right to object to production of one or some documents. However, if a document has been referred to in the pleadings...a party has to give inspection of such document (See order XI Rule 15).Here our Evidence Act gives a guidance. If a document in favour of one party is in the possession of the othe...
...other party. On hearing of such application the Court may either refuse or adjourn that if discovery is not necessary at that stage. If order is passed Under Order 12 for discovery of the document by the o.../plaintiff submits that the Court below has wrongly rejected the application and under the provisions of Order 11, Rules 12 and 13, Civil Procedure Code defendant is required...whom such order as is mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No. 5 in...
...which was filed on 22.6.16 was clearly captioned as under Order XI Rule 13 of CPC. Thus, the court below erred in ignoring the fact that there was no affidavit...non-production of the documents by plaintiff is fatal and will the suit suffer the consequences provided under Order XI Rule 21 of CPC or not. Secondly, whethe...Order XI Rule 12 of CPC, is required to give a declaration as to the status of the possession of the documents. In this context, if para 2 of the ...
...his deposition if the affidavit filed on his behalf under provisions of Order XI Rule 13 of the Code is seen, he has clearly stated that with regard t...provisions of Order XI Rule 13 of the Code. In the said affidavit, it was stated that a copy of the memorandum of association was being filed.... The trial Court, however, on 2162012 directed the plaintiff to file all the eight documents on record. The power of attorney holder then filed his affidavit under Order 11 ...
...counsels, it will be appropriate to reproduce the relevant provisions of Order XI Rule 12, 13, 14 and 21 of C.P.C which read as under:12. Applica...of the suit plaintiff filed an application under Order XI Rule 12, 14, and 15 read with Sec. 151 of C.P.C seeking production of the documents as mentio...of the said documents. On 16.09.2011, the plaintiff submitted an application before the trial Court under Order XI Rule 21 of C.P.C for striking out the defence...
...filing such affidavit, this petition is disposed of.13. Further, the impugned order dated 15.12.2021 on Exhibit D-39 made under Order XI Rule 12...granted, the opposite parties, in terms of Order XI Rule 6 of CPC, can file their objections to the interrogatories. Such objections are to be raised by filing an affidavit. In the ...to file an affidavit in terms of Order XI Rule 6 of CPC within fifteen days from today without seeking any adjournments.11. The petitioner's objections to each ...
...written statement can be struck off under Order XI Rule 21 CPC, only when the plaintiff or defendant fails wilfully to comply with the order passed under ...filing of the documents. The present application filed under Order XI Rule 21 CPC is not maintainable. The application under Order ...be maintained, only if there is an order under Order XI Rule 12 CPC for discovery of documents. If the respondents failed to produce the documents as ...
...filed by the defendant on 15.02.2018 to the application filed by the plaintiff under Order XII Rule 6 CPC. The defendant again reiterated that the shared household was acquired by the plaintiff through joint-family business...20.03.2018 directed the plaintiff to file an affidavit and documents as sought for in the application under Order XI Rule 13 which are in his custody with advance copy to the opposite par.... 11. The defendant filed an application on 23.09.2017 under Order XI Rules 12 and 14 CPC for production of documents. In paragraph 7 of the application, the defend...
..., under an index dated 13 December 2022. Given the fact that this is a suit under the Civil Procedure Code, 1908, as amended by the Commercial Courts Act, 2015, additional documents of the plaintiff would ...(5) and by the defendants under Order XI Rule 1(10). Nonetheless, for the purposes of satisfying myself about the issue in controversy, I have allowed Mr.../”.
12. A screen shot of page 85 of the plaintiff's documents, on which Mr. Goyal places reliance, may be reproduced thus:
13. Mr. Goyal...
...quite clear that there was no wilful default on the part of the defendant of the court's order under Order XI, Rule 18(2) for the production of documents for inspection,...May 23, 1967 striking out the defence of the defendant under Order XI,, Rule 21 read with Section 151 of the Civil Procedure Code, 1908 and directing that the defendant cannot be permitted to cros...that he should apply under Order XI, Rule 21 to strike out the defence of the defendant. On March 31, 1967, the plaintiff accordingly made an application under Order XI, ...
..., Civil Procedure Code provides for inspection of documents other than those referred to in Rule 15. The conditions to be satisfied before the power under Rule 18(2) ...of documents. Under order XI, Rule 15, the right to seek inspection is confined to the documents referred to in the pleadings or affidavits of the ...on examination of the classes of documents excluded from the purview of clause 2 of Rule 18 of Order XI, Civil Procedure Code, the ...
...:Order XI of the Code of Civil Procedure has been made applicable to the proceedings before the Commission by regulation 77 of the Monopolies and Restrictive Trade Practice...Code of Civil Procedure these grounds of objection have been summarised under Order XI, rule 13, of the Code of Civil Procedure, ...Order XI, rule 14, Code of Civil Procedure, for production of certain documents. The State of Punjab objected to the production of the said ...
...in Rule 14. However, as per Rule 13, the party against whom any order under Rule 12, has been passed, has any objection against the production of the documents, then he has to fi...observed as under in para 5: 5....When the Court makes an order for discovery under the rule, the opposite party is bound to make an affidavit of documents and i...envisage an application for discovery of documents and it is only under order Rule 14 Order 11 that the Court can pass an order for production of ...
...) Ramnath Nandlal Dhoot & Co. v. B.R Shroti - AIR 1990 BOMBAY 387, to contend that there is no bar in law, including under Rule 17...permitted to be led to fill up any lacunae or omissions in evidence, and further that the power under the provisions of Order XVIII, Rule 17 of the Code of Civil Procedure...were neither filed with the Written Statement, nor referred to in the Affidavit of Documents filed by Defendant No. 1, stands satisfied.10. It bears mention that at this stage that there...
...of discovery of documents.
56. With regard to the above, this Court is of the view that the said argument is baseless and without any legal backing as the said consent was only ...respect to the documents being filed under Order XI Rule 1 (5) of the CPC as amended by the Act, 2015, wherein, it has been specifically held that rigors of Order XI ...ground for non- disclosure of such documents, as required under Order XI Rule 1 (5) of the CPC as amended by the Act, 2015 needs to be established by the plaintiff in cases where it has b...
...was dismissed by setting aside the order of the Joint Registrar wherein the defendant was directed to file the affidavit of discovery of documents.
56. With rega...the documents being filed under Order XI Rule 1 (5) of the CPC as amended by the Act, 2015, wherein, it has been specifically held that rigors of Order XI Rule ...reasonable ground for non- disclosure of such documents, as required under Order XI Rule 1 (5) of the CPC as amended by the Act, 2015 needs to be established by the plaintiff in cases whe...
..., discovery, inspection and production of the documents and, therefore, non- compliance of the order made for production of the documents could be subject to Order XI, ..., the production of the documents and, therefore, the order for production of document made under Order XI Rule 14 of the Code could be said to be an order made...
probate under Order XI Rule 14 of the Code or to file an affidavit. The defendant no.1 then filed affidavit on 18.07.2009 stating...
...be finalised and published on 2-7-1999. The State Government on 8-6-1999 passed an order under Section 73-1B of the Act staying the elections in the cooperative societies in the State on account of...petition under Article 226 of the Constitution before the High Court. It was prayed therein that the order dated 21-10-1999 be set aside. The said writ petition was subsequently dismissed by the High Court...permitted to change the name of its delegate not later than seven days before the date appointed by the Collector under Rule 16 of said Rules for making nominations...