Code of Civil Procedure, 1908 (CPC)
Order XIII CPC: Production, Impounding and Return of Documents
Documents win civil cases, and the Code is careful about when they must be brought, how they enter the record, and what happens to them afterwards. Order XIII of the Code of Civil Procedure, 1908 governs the whole of that ground: the stage at which documentary evidence must be produced, the admission and denial of documents and the endorsements that follow, the rejection of irrelevant or inadmissible documents, the impounding of documents the court has reason to retain, and the return of documents at the end of the case. These notes cover each in turn.
1. Production of Documentary Evidence: Rule 1
§ Order XIII Rule 1, CPC 1908 (1) The parties or their pleaders shall produce, on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with the plaint or written statement. (2) The Court shall receive the documents so produced: Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs. (3) Nothing in this rule shall apply to documents produced for the cross-examination of the witnesses of the other party, or handed over to a witness merely to refresh his memory. |
The rule fixes the outer limit for production of originals at the settlement of issues, which dovetails with Order VII Rule 14 for the plaintiff and Order VIII Rule 1A for the defendant, each of which requires documents relied on to be listed and filed with the pleading. The three provisions form one scheme: list and file copies with the pleading, and produce the originals by the settlement of issues. Sub-rule (3) preserves two practical exceptions, for documents used in cross-examination and for those handed to a witness merely to refresh memory, since neither can be anticipated in a list.
§ The consequence of late production Order VII Rule 14(3) and Order VIII Rule 1A(3) state the sanction: a document not produced with the pleading shall not be received in evidence on behalf of that party at the hearing without the leave of the court. Leave is not a formality: the party must explain why the document was not produced earlier, and the court weighs the explanation against the prejudice to the other side. In commercial suits the recast Order XI is stricter still, requiring disclosure on oath with the pleading and permitting reliance on an undisclosed document only on reasonable cause being shown. |
2. Admission and Denial of Documents: Rules 3 to 6
i. Rule 3: rejection of irrelevant or inadmissible documents. The court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection. The power is important and is exercised as documents are tendered: a document that is irrelevant to the issues, or inadmissible for want of stamp, registration or proof, does not enter the record merely because it was filed.
ii. Rule 4: endorsement on admitted documents. Every document admitted in evidence in the suit shall have endorsed on it the number and title of the suit, the name of the person producing it, the date on which it was produced, and a statement of its having been so admitted; the endorsement is signed or initialled by the judge, and the document then forms part of the record of the suit.
iii. Rule 5: endorsement on copies of admitted entries in books. Where a document admitted is an entry in a book, account or record, and a copy has been substituted for the original, the particulars required by Rule 4 are endorsed on the copy, with a further statement that the copy was examined with the original and found correct.
iv. Rule 6: endorsement on documents rejected as inadmissible. Where a document is rejected as inadmissible in evidence, the judge shall record the date of production, the name of the person producing it, and the ground of rejection, and shall sign or initial the endorsement. The rejected document does not become part of the record, but the endorsement preserves the fact and the reason, which matters in appeal.
§ Why the endorsements matter The endorsement under Rule 4 is what makes a document part of the record and identifies it as exhibited. Without it, the document has been filed but not admitted, and the distinction decides whether an appellate court may look at it. The endorsement under Rule 6 preserves the ground of rejection, so that an appellate court can review whether the rejection was right without the document itself being on the record. In practice the two endorsements answer the two questions every appellate court asks about a document: was it admitted, and if not, why not? |
3. Impounding of Documents: Rules 7 and 8
§ Order XIII Rules 7 and 8, CPC 1908 Rule 7(1). Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 5, shall form part of the record of the suit. Rule 7(2). Documents not admitted in evidence shall be returned to the persons respectively producing them. Rule 8. Notwithstanding anything contained in rule 7, the Court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the Court, for such period and subject to such conditions as the Court thinks fit. |
Impounding is the retention of a document by the court, taking it out of the party's hands. The power arises where the court sees sufficient cause, and the recurring situations are three: where the document appears to be insufficiently stamped, so that it must be sent to the Collector under the Stamp Act for adjudication and penalty; where the document is suspected to be forged or fabricated, so that it may be needed in a prosecution or further inquiry; and where preservation is otherwise necessary in the interests of justice. The document is kept in the custody of an officer of the court, for such period and on such conditions as the court directs.
4. Return of Documents: Rules 7(2) and 9
§ Order XIII Rule 9, CPC 1908 (in substance) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same — (a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of; and (b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred, or, if an appeal has been preferred, when the appeal has been disposed of. A copy is retained on the record in place of the returned original where the court so directs, and a receipt is taken from the person to whom the document is returned. |
The scheme is straightforward once the two rules are read together. Documents not admitted in evidence are returned at once under Rule 7(2), since they form no part of the record. Documents admitted in evidence form part of the record and are returned only when the litigation is finally over, that is, when no appeal lies and the suit is disposed of, or when the time for appeal has passed without one, or when the appeal itself has been decided. A document that has been impounded under Rule 8 is outside the entitlement altogether, and is dealt with as the court's order directs. Rule 10 allows the court to send for records of other courts or proceedings where necessary, and Rule 11 applies the Order, with necessary modifications, to documents produced in appeals and in execution.
5. The Order XIII Sequence at a Glance
Stage | Rule | What happens |
|---|---|---|
Filing with the pleading | Order VII Rule 14; Order VIII Rule 1A | Documents relied on are listed and copies filed with the plaint or written statement |
Production of originals | Order XIII Rule 1 | Originals are produced on or before the settlement of issues, with an accurate list |
Rejection | Order XIII Rule 3 | The court may at any stage reject a document it considers irrelevant or inadmissible, recording the grounds |
Admission and endorsement | Order XIII Rules 4 and 5 | Admitted documents are endorsed with the suit number, producer, date and statement of admission, and form part of the record |
Endorsement on rejection | Order XIII Rule 6 | Rejected documents are endorsed with the date, the producer and the ground of rejection |
Impounding | Order XIII Rule 8 | For sufficient cause, the court may retain a document in the custody of an officer of the court |
Return | Order XIII Rules 7(2) and 9 | Documents not admitted are returned at once; admitted documents are returned when appeals are exhausted, unless impounded |
6. Landmark Points on Order XIII
- Order XIII Rule 1 with Order VII Rule 14 and Order VIII Rule 1A. Documents are listed and filed with the pleadings and produced in original by the settlement of issues; a document not so produced is not received in evidence without leave.
- Order XIII Rule 3. The court may at any stage reject a document it considers irrelevant or otherwise inadmissible, recording its grounds.
- Order XIII Rule 4. Only a document endorsed as admitted forms part of the record; filing and admission are distinct steps.
- Order XIII Rule 8 with the Stamp Act. Impounding is the usual course where a document appears insufficiently stamped, so that duty and penalty may be adjudicated before the document is used.
7. Frequently Asked Questions on Order XIII
When must documentary evidence be produced under Order XIII?
On or before the settlement of issues, under Rule 1, in original where copies have been filed with the plaint or written statement, accompanied by an accurate list in the form the High Court directs. Documents used only in cross-examination or to refresh a witness's memory are excepted.
What happens to a document not filed with the pleading?
Under Order VII Rule 14(3) and Order VIII Rule 1A(3) it shall not be received in evidence on behalf of that party at the hearing without the leave of the court, and leave requires an explanation for the earlier non-production. In commercial suits the recast Order XI is stricter still.
Can a court reject a document as inadmissible?
Yes. Order XIII Rule 3 allows the court at any stage of the suit to reject any document it considers irrelevant or otherwise inadmissible, recording the grounds of rejection, and Rule 6 requires an endorsement showing the date, the producer and the ground.
What endorsement is made on an admitted document?
Under Rule 4, the number and title of the suit, the name of the person producing it, the date of production, and a statement of its having been admitted in evidence, signed or initialled by the judge. The document then forms part of the record of the suit.
What does impounding a document mean?
Under Rule 8 the court may, for sufficient cause, direct a document or book produced before it to be retained in the custody of an officer of the court, for such period and on such conditions as it thinks fit. It is commonly done where a document appears insufficiently stamped or is suspected to be forged.
When are documents returned to the parties?
Documents not admitted in evidence are returned at once under Rule 7(2). Admitted documents, which form part of the record, are returned under Rule 9 when the suit is disposed of and no appeal lies, or when the time for appeal has passed without one, or when an appeal has been decided, unless the document has been impounded.
8. Related Topics in This CPC Series
- Order XII: Admissions and Judgment on Admissions
- Order XI: Discovery, Inspection and Production of Documents
- Order VII: The Plaint, Return and Rejection
- Order XIII-A: Summary Judgment in Commercial Suits