The Code Of Civil Procedure 1908 Order VII : Documents Relied On In Plaint : Rule 14 : 1.[Production of document on which plaintiff sues : (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint. (2) Where any such document is not in the possession or power of the plaintiff, he shall, where possible, state in whose possession or power it is.] 2.[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.] 1.[(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory.] State Amendment : High Court Amendment-[Karnataka] : Delete rule 14 and substitute the following:- "14. (1) The plaintiff shall endorse on the plaint or annex thereto a list of documents required to be produced or disclosed as hereinafter provided in this rule. (2) Where the plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint. (3) Where the plaintiff relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in the list above referred to showing separately which of the documents are in his possession or power and which are not, which of the documents in his possession or power he has produced with the plaint and which are not so produced. In regard to any such documents which are not produced, the list shall contain a statement of the reason for their non-production and the steps which the plaintiff has taken or will take to produce them or cause their production."-(R.O.C. No. 2526/1959, dated 9-2-1967). [N.B.-This High Court Amendment relates to the provisions as existed before the 1999 Amendment Act.] --------- 1.Substituted by Act 46 of 1999, section 17, for rule 14 (w.e.f. 1-7-2002). 2. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002).
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