...-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, Rule 12, 13 and 14 have to be reproduced as under:ORDER XI-DISCOVERY AND INSPECTION….12. Application for discovery of documents— Any party may, without filing any affidavit, apply...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 of Order XI and specify...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 Rule 165 says, “in the case provided for in the last preceding rule……….. such affidavit made”. “Such affidavit” could mean an affidavit of documents required to be filed under Order XI, Rule 13 pursuant...

...1(A) and Order XI Rule 12 are as under.Order VIII Rule 1(A):“Duty of defendant to produce documents upon which relief is claimed or relied...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 affidavit, apply to...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 Rule 12...

...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 documents filed pursuant to an order for discovery under order...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 other...

...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 other party then under Order 13 the other party is required to file an affidavit or object to produce the said document. Order 11, Rule 13 is reproduced below for ready reference.XI. Discovery and inspection.1. xxxxxxxxx2. xxxxxxxxxx13. Affidavit of documents — The.../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 filed with respect to the Order XI Rule 12 of CPC. Therefore, in sum and substance, the contention of the learned counsel for the applicants/defendants is that the documents were...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, whether the affidavit...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 affidavit dated 22.6.16 is...

...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 to said documents, he...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 on record. In so far as the other documents were concerned.... 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 Rule 13 of...

...2-7-2012, the power of attorney holder filed his affidavit in Form No.5 under provisions of Order XI Rule 13 of the Code. In the said affidavit, it was stated that a copy of the memorandum of...relevant. The trial Court, however, on 21-6-2012 directed the plaintiff to file all the eight documents on record. The power of attorney holder then filed his affidavit under Order 11 Rule 13 of the...behalf under provisions of Order XI Rule 13 of the Code is seen, he has clearly stated that with regard to said documents, he would have to verify with the Head Office about possession of said documents...

...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. Application for discovery of documents.- Any party may, without filing any affidavit, apply...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 mentioned in the said...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 of the...

...was asked from the petitioner which could have been answered in positive or negative or by some explanation, rather, in the case on hand, certain information was called for under Rule 12 and 14. The said provision under Order XI Rule 12, 13 and 14 are being produced below:- "12. Application for discovery of documents.- Any party may, without filing any affidavit, apply...Civil Original Suit No. 102/2020, the learned trial Judge besides disposing of other petitions also disposed of an application under Order XI Rule 12 and 14 read with Section 151 CPC and issued...distribution of that amount. Order XI Rule 1 relates to interrogatories which should be in question and answer form and can be asked by the parties only with the leave of the Court. Rule 2 provides about...

...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 is set aside with...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 affidavit, 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 of the...

...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 Order XI Rule 11, 12 and 18 CPC.13. Order XI Rule 12 and Order XI Rule 14 CPC are extracted hereunder:Order XI Rule 12:“12. Application for discovery of documents — Any party may, without filing any affidavit, apply...filing of the documents. The present application filed under Order XI Rule 21 CPC is not maintainable. The application under Order XI Rule 21 CPC can...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 ordered under...

...under Order XI Rule 13 which are in his custody with advance copy to the opposite party. A reply was 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 and the house is not his self-acquired property. 10 12. The plaintiff also filed an affidavit and documents under Order XI Rule 13 CPC in compliance of the...called upon to disclose all income tax returns, bank statements, audited balance sheets etc. since 1982 till 2006. This may deemed to be noticed to discover under provisions of Order XI Rule 12 CPC on...decision. Rule 6 sub-Rule (4) provides that for obtaining an interim ex-parte order under Section 23, an affidavit is to be filed in Form-III. The Form-III is an affidavit of an aggrieved person or the...

...with an additional affidavit, 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 have to be filed under Order XI Rule 1...(5) and by the defendants under Order XI Rule 1(10). Nonetheless, for the purposes of satisfying myself...: 13. Mr. Goyal submits that the ZEPHYR cooler shown at page 85 of the plaintiff's documents is the cooler having the suit design, for which purposes he has compared the said picture with the picture...

...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 qua the application bearing IA no. 25111/2015, i.e., plea of discovery and production, which was filed under Order XI Rule 12 and 13 of...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 Rule 1 (5) of the CPC as amended by...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 been averred...

...under Order XI Rule 1(10) of the CPC, as amended by the CCA, which the defendant must establish 13 for non-disclosure of the documents along with the Written Statement. Paragraph 4 of the affidavit filed...of reasonable cause in the affidavit filed by the defendant No.1 as required under Order XI Rule 1(10) of the CPC, as amended by the CCA. Counsel submits that the defendant No.1 failed to explain the...receive the four additional documents. In other words, whether the defendant No.1 satisfied the requirement of establishing reasonable cause as required under Order XI Rule 1(7) - (10) of the CPC, as...

...application under Order XI, Rule 21 read with Section 151 of the Code asserting that the defendant had failed to comply with the order of the court as regards production of documents in as...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, and consequently, the order passed by the...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...

..., 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 Order XI, Civil Procedure Code, can be exercised are (1) there should be an affidavit to show the documents inspection of which is sought; (2) party who applied for the inspection of documents 13 should...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 party against...on examination of the classes of documents excluded from the purview of clause 2 of Rule 18 of Order XI, Civil Procedure Code, the need for an affidavit, becomes...

...: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 Practices (Commission) Regulations, 1974. Order XI, rule 13, and Form No. 5 in Appendix C of the Code of Civil Procedure provide that the party making the affidavit of documents shall...Code of Civil Procedure these grounds of objection have been summarised under Order XI, rule 13, of the Code of Civil Procedure, under three broad heads:(1) a...Order XI, rule 14, Code of Civil Procedure, for production of certain documents. The State of Punjab objected to the production of the said documents claiming privilege under...

...the affidavit to be filed by the party concerned as per Order XI Rule 13, wherein he specifies the documents which are in his possession. On the contrary, Form No.6 will reveal that the pattern of...same cause of action.]" 13. A perusal of the framework of the provisions under Order XI Rule 21(1) CPC would reveal that it deals with three different situations. The first.... The second relates to an application for discovery of documents Order XI Rule 12, which can be filed by any party without an affidavit. Third deals with inspection of documents Order XI Rule 15...

...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 file an affidavit in...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 if he fails to...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 documents. Learned...