interpretation of Order XIII Rule 10-
Hon'ble Supreme Court of India observed as under - Order XIII of the Code provides for production, impounding and return of documents. Rule 1 of the said Order mandates production of original documents by the parties at or before the settlement of issues. Rule 9 of the Order XIII provides for return of admitted documents. Rule 10 empowers the Court to send papers from its own records or from other courts.
If bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused; the Court's duty being to find out the truth. The procedural mechanics necessary to arrive at a just decision must be encouraged. We are not unmindful of the fact that the court in the said process would not encourage any fishing inquiry. It would also not assist a party in procuring a document which he should have himself filed.
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