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.
Showing posts with label CPC Order XIII Rule 10. Show all posts
Showing posts with label CPC Order XIII Rule 10. Show all posts
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