Duty of defendant to produce documents upon which relief is claimed or relied upon by him
Written statement, set-off and counter-claim, in the First Schedule to The Code of Civil Procedure, 1908
1 [1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.--(1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.
(2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
2 [(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.]
(4) Nothing in this rule shall apply to documents--
(a) produced for the cross-examination of the plaintiff's witnesses, or
(b) handed over to a witness merely to refresh his memory.]
1. Ins. by Act 46 of 1999, s.18 (w.e.f. 1-7-2002).
2. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002).
How this Rule is cited
It is written both ways, and both mean this Rule: Order VIII Rule 1A CPC and Order 8 Rule 1A CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 8 Rule 1A CPC, Order VIII Rule 1A CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.