What are the provisions regarding the inspection of documents in the Code?

Question: What are the provisions regarding the inspection of documents in the Code?

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Answer

Order XI Rule 15, CPC lays down provision for Inspection of documents referred to in pleadings or affidavits. It states as under:

“Every party to a suit shall be entitled [at or before the settlement of issues] to give notice to any other party, in whose pleadings or affidavits reference is made to any document, [or who has entered any document in any list annexed to his pleadings,] to produce such document for the inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof;

and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.”

Order 11 Rule 15 empowers the parties to suit to give notice to any other party seeking production of those documents as referred in his pleading of affidavit, in order to inspect those documents. And if the other party fails to act in accordance with the notice served, such party will then have to bear the consequences of not being further allowed to put such document as evidence in the case. However, this rule can be waived off if the other party satisfies the court with “sufficient reasons” for its non-compliance with the notice.

Order XI Rule 16: Notice to produce

The notice for production of documents referred in the Plaint or written statement of the party is required to be made under Form No. 7 of Appendix C.

Order XI Rule 17: Time for inspection when notice given

The party on whom the notice to produce documents is served is ought to reply within 10 days from receipt of such notice. Such a party will provide a further 3 days period from the date of delivery of notice to the other party who demanded the documents to be inspected to come and inspect them.

The documents may be inspected at the office of his pleader, or in the case of bankers’ books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C. with such variations as circumstances may require.

Order XI Rule 18: order of inspection

Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the court may on the application of the party desiring it, make an Order for inspection in such place and in such manner as it may think fit:

Provided that the Order shall not be made when and so far as the court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The court shall not make such Order for inspection of such documents when and so far as the court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

Order XI Rule 19: Verified copies

1) Where inspection of any business books is applied for, the court may, if it thinks fit, instead of ordering inspection of the original books, Order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations:

Provided that, notwithstanding that such copy has been supplied, the court may Order inspection of the book from which the copy was made.

(2) Where on an application for an Order for inspection privilege is claimed for any document it shall be lawful for the court to inspect the document for the purpose of deciding as to the validity of the claim of privilege unless the document relates to matters of State.

(3) The Court may, on the application of any party to a suit at any time and whether an affidavit of documents shall or shall not have already been ordered or made, make art Order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof.

Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of them.

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