Order 13 of the Civil Procedure Code (CPC) deals with the production, impounding, and return of documents in civil proceedings. This order sets out the procedure for presenting documents to the court as evidence, handling documents produced in the course of litigation, and determining the proper handling of such documents for their use in the case.
Duty to Produce Documents:
Any party to the suit who relies on a document to support their case must produce the document before the court. The document may be produced either with the pleadings (i.e., the plaint or written statement) or at any subsequent stage of the case.
Time of Production:
The document should be produced when the party files its pleadings (plaint or written statement). If it is not possible to produce the document at that time, it can be produced at a later stage during the trial or hearing, but before the document is used as evidence.
Relevance of Documents:
The documents produced must be relevant to the case and should be specifically identified in the pleadings or during the trial.
Inspection by Other Party:
When a document is produced in court, the opposing party must be given an opportunity to inspect it. This ensures transparency in the proceedings and provides the other party with an opportunity to understand the documents that will be used in evidence.
Copies of Documents:
If the other party requests, the court may allow them to make copies of the documents produced. The party producing the documents may be required to provide certified copies or give the opposing party the right to take copies at their own expense.
Impounding by Court:
If a document is produced that is not in the correct format or is not accompanied by necessary certificates (for instance, if the document is not an original or if it is improperly executed), the court has the authority to impound the document. Impounding means the court can withhold the document from the party and retain it in its possession until the proper documentation is provided.
Improper Documents:
A party may present a document that does not meet the necessary formalities, such as a document that is unregistered when required by law, or a document that is a copy and not an original when the original is required. In such cases, the court can direct the party to either produce the correct document or pay a penalty.
Effect of Impounding:
If the document is impounded, it may not be used in evidence unless the party complies with the court’s order to correct the deficiency. In some cases, impounded documents may be returned to the party once they have complied with the required procedures.
Right to Return Documents:
After the documents have been used in the trial, the court may return the documents to the party who produced them. This is typically done after the documents have been marked as exhibits and their relevance to the case has been established.
Request for Return of Documents:
A party may request the court to return the documents produced by them once the case has been decided, or if the document has become unnecessary for the further proceedings.
Court’s Discretion:
The court has the discretion to either return or retain documents based on the importance of the document for any future legal proceedings or appeals. If the document is crucial to the outcome of the case or to a pending appeal, the court may decide to retain the document.
Security for Return of Documents:
If the document is a valuable item (e.g., a title deed, a bond, etc.), the court may require the party to provide security or an undertaking before returning the document, to ensure that it will be made available if needed in the future.
Witnesses’ Documents:
If a document is produced by a witness, rather than a party, the document must also be made available for inspection by the opposing party. The court may allow the document to be used in evidence if it is relevant to the case and is admissible.
Witness Statement:
If the document is a statement made by a witness, the party producing the document must provide the necessary authentication (such as an affidavit or certificate of authenticity) for the document.
Public Documents:
In the case of public documents (e.g., government records or official certificates), the court may require the party to produce certified copies of the document, rather than the original document itself, unless the original document is crucial to the case.
Authentication of Public Documents:
Public documents should be authenticated through the proper channels, such as certificates or notarial documents, and these certifications must be produced in court to validate the document’s authenticity.
Striking Out Pleadings:
If a party fails to produce the necessary documents or does not allow the opposing party to inspect them, the court may strike out the pleadings or refuse to accept those documents as evidence.
Adverse Inference:
Failure to produce documents or to allow inspection may lead the court to draw an adverse inference against the defaulting party, assuming that the document would have been detrimental to their case.
Impounding of Documents:
If improper documents are produced, they may be impounded by the court, and the party may face penalties, including being required to pay costs or provide the correct documents.
