CPC Order PDF

CPC ORDER PARTIES TO SUIT (ORDER-I) 1. Joinder of Plaintiffs: (Rule 1) :Order I, Rule 1, outlines the conditions under which multiple persons may be joined as plaintiffs in a single suit: I. Right to Relief: The plaintiffs must have a right to relief arising out of, the same act, transact...

CPC ORDER PARTIES TO SUIT (ORDER-I) 1. Joinder of Plaintiffs: (Rule 1) :Order I, Rule 1, outlines the conditions under which multiple persons may be joined as plaintiffs in a single suit: I. Right to Relief: The plaintiffs must have a right to relief arising out of, the same act, transaction or series of acts or transactions. II. Common Question of Law or Fact: If separate suits were brought by these persons, a common question of law or fact would arise. ILLUSTRATION - A assaults B and C simultaneously. B and C may join as plaintiffs in onesuit for damages against A for that tortious act since both the above conditions are fulfilled. 2. Joinder of Defendants: Order I, Rule 3, similarly provides for the joinder of defendants in a suit: I. Right to Relief: The right to relief must exist against the defendants concerning the same act, transaction or series of acts or transactions. II. Common Question of Law or Fact: If separate suits were brought against these defendants, a common question of law or fact would arise. ILLUSTRATION - An altercation takes place between A on the one hand and B and C on the other. B and C simultaneously assault A. A may join B and C as defendants in one suit for damages for that tortious act as both the above conditions are fulfilled. Necessary and proper parties A necessary party’s presence is necessary for complete and fair adjudication of a suit. Without NP, any order passed by the court cannot be executed effectively. A proper party’s presence is required for fair and complete adjudication of a suit but in absence of a proper party, if court passes an order, that can be executed effectively. In other words, in absence of a necessary party no decree can be passed, while in absence of a proper party a decree can be passed so far as it relates to the parties before the court. His presence, however, enables the court to adjudicate more "effectually and completely". Order I Rule 4 - Relief in Suits with Multiple Plaintiffs or Defendants Relief to One or More Plaintiffs: If there are multiple plaintiffs in a suit and not all of them are entitled to relief, the court can pass a judgment in favor of  those plaintiffs who are entitled to relief without amending the pleadings or dismissing the suit entirely. Liability of One or More Defendants: Similarly, if there are multiple defendants, the court can hold only some of them liable according to their respective liabilities, and it is not necessary to pass a judgment against all defendants. Order 1 Rule 5 CPC: Defendants Need Not Be Interested in All Reliefs Claimed Order 1 Rule 5: "It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him." This rule allows for multiple defendants to be joined in a suit even if each defendant is not interested in all the reliefs claimed. Each defendant may be concerned with only a portion of the relief sought by the plaintiff. The rule ensures that a suit need not be split into multiple cases just because different defendants are interested in different parts of the relief being sought. Illustration: A files a suit against X, Y, and Z. A claims two reliefs: (1) possession of a house and (2) a declaration of ownership of agricultural land. X may only be interested in the house, and Y and Z may only be interested in the land. Under Order 1 Rule 5, it is not necessary that X, Y, and Z be interested in both the house and the land. The suit can proceed against all of them, even though their interests relate to different aspects of the case. Frame of Suit (Order II, CPC) 1. Order II, Rule 1: Framing of Suit and Cause of Action ○ Every suit must be framed by including all related claims or issues arising from the same cause of action should be included in a single suit to avoid multiple proceedings on the same matter, which would waste judicial resources. 2. Order II, Rule 2: Obligation to Include the Whole Claim ○ This rule mandates that the plaintiff must include the entire claim arising from the cause of action in the suit. If the plaintiff fails to  do so, they cannot later bring a separate suit for any part of the omitted claim. 3. Order II, Rule 3: Joinder of Causes of Action ○ A plaintiff may combine multiple causes of action against the same defendant in one suit, provided that such joinder does not lead to confusion or complexity. ○ This provision is particularly useful when multiple related issues exist between the same parties. ○ For example, if a plaintiff has claims for both breach of contract and tort against the same defendant, both causes of action may be combined in one suit. ○ In cases where multiple defendants are involved, all causes of action can be joined if they arise out of the same transaction or are connected by a common question of law or fact. 4. Order II, Rule 4: Restriction on Joinder in Certain Cases ○ In specific cases, such as claims for immovable property or disputes regarding land rights, the CPC restricts the joinder of unrelated causes of action to ensure clarity and fairness in such cases. ○ For example, claims for mesne profits, and a suit involving a land title claim should not generally include unrelated personal claims. 5. Order II, Rule 5: Joint Suit for Recovery of Immovable Property ○ When filing a suit for immovable property, only causes of action directly related to the property in question should be joined. This ensures that the case remains focused on property-related issues. 6. Order II, Rule 6: Court's Power to Order Separate Trials ○ If a suit involves multiple causes of action or claims that could complicate the proceedings, the court has the discretion to order separate trials for each cause of action. This rule allows the court to prevent confusion and ensure an orderly process. ORDER V Issue and service of summons Summons is a formal document issued by the court, informing the defendant(s) of the plaintiff's claims and requiring them to appear before the court on a specified date to respond to those claims. Order V, Rule 1: Issue of Summons (important) (1)After the suit is instituted, the court issues a summons to the defendant, specifying a date for appearance and to file the written statement in his defence, within thirty days from the date of service of summons on that defendant. No such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff’s claim. Provided further that where the defendant fails to file the written statement within the said period of thirty days, 1. he shall be allowed to file the written statement, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, 2. but which shall not be later than one hundred twenty days from the date of service of summons and 3. On expiry of one hundred twenty days, the defendant shall lose the right to file the written statement and 4. the Court shall not allow the written statement to be taken on record. (2) A defendant to whom a summons has been issued may appear— I. in person, or II. by a pleader, or III. by a pleader accompanied by some person able to answer all such questions. (3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court Order V, Rule 2: Copy of Plaint with Summons A copy of the plaint must accompany the summons, enabling the defendant to understand the claims and prepare a defense accordingly. Order V, Rule 3: Court may order defendant or plaintiff to appear in person Order V, Rule 6. Fixing day for appearance of defendant.— The day shall be fixed with reference to, 1. the place of residence of the defendant and 2. the time necessary for the service of the summons; and 3. the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day. Order V, Rule 7. Summons to order defendant to produce documents relied on by him. Order V, Rule 9: Mode of Service of Summons Summons may be served through personal delivery, registered post, or other prescribed modes. Personal Service: Direct delivery of the summons to the defendant by a process server, who takes a signed receipt. Registered Post/Courier: When the defendant’s address is known, service can be done by registered post or courier, with an acknowledgment. Electronic Means: In some cases, summons can also be served electronically (email or SMS), especially for companies or where the defendant's address is not easily accessible. Order V, Rule 17: Procedure when Defendant Refuses to Accept Service If the defendant refuses to accept the summons or is deliberately avoiding service, the process server can affix a copy of the summons at a conspicuous place at the defendant’s residence or workplace. This is known as "affixture.". Order V, Rule 19: Examination of Service The court may examine the serving officer if there is doubt about the proper service of summons. This ensures that the defendant was duly informed and had an opportunity to appear. Order V, Rule 20: Substituted Service If ordinary methods of service are ineffective (e.g., the defendant is avoiding summons), the court may order substituted service. This may include: ○ Publishing the summons in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain ○ Affixing a copy of the summons in a visible public place or on the court's notice board. Substituted service is considered valid service and binds the defendant as if served in person. ORDER VI Pleadings Rule 1. Pleading.—“Pleading” shall mean plaint or written statement. Rule 2. Pleading to state material facts and not evidence.— 1. (1) Every pleading shall contain a statement of the material facts on which the party pleading relies for his claim or defence, but 2. (2) Every pleading shall, be divided into paragraphs, numbered consecutively, each allegation being contained in a separate paragraph. 3. (3) Dates, sums and numbers shall be expressed in figures as well as in words. Other Rules - 4. It should be drafted in clarity and precision. 5. Alternate pleads are permissible but inconsistent pleads should be avoided. 6. Names of the persons or places must be accurately spelt. 7. Pronouns should not be used which may lead to confusion. 8. Use of the word “if” and “but” should be avoided. 9. Repetition of facts must be avoided. 10.Ambiguity should be avoided  11.Avoid complex statements. 12.If there is any condition precedent, then it must be stated clearly. 13.Every pleading must be signed by the parties and their pleaders. 14.Address for service of notice Rule 4. Particulars to be given where necessary.—Whenever misrepresentation, fraud, breach of trust, willful default or undue influence are pleaded in the pleadings, particulars with dates and items should be stated. Rule 16. Striking out pleadings.— The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading— 1. which may be unnecessary, scandalous, frivolous or vexatious, of 2. which may tend to prejudice, embarrass or delay the fair trail of the suit, or 3. which is otherwise an abuse of the process of the Court. ORDER VII Plaint Rule 1. Particulars to be contained in plaint.—The plaint shall contain the following particulars:— 1. the name of the Court in which the suit is brought; 2. the name, description and place of residence of the plaintiff; 3. the name, description and place of residence of the defendant, so far as they can be ascertained; 4. a statement to that effect where the plaintiff or the defendant is a minor or a person of unsound mind, ; 5. the facts constituting the cause of action and when it arose; 6. the facts showing that the Court has jurisdiction; 7. the relief which the plaintiff claims; 8. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed, or relinquished; and 9. a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, Other Particulars - 10. Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed, (Rule 2) 11.Where suit is for mesne profits or for accounts, or for movables in the possession of the defendant, or for debts, exact amount of which cannot be determined, the plaint shall state approximately the amount or value sued for, (Rule 2 proviso), 12.Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.(Rule 3) 13.Where the plaintiff sues in a representative character, the plaint shall show not only that he has on actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable to him to institute a suit concerning it, (Rule 4) 14.The plaint shall show that the defendant is or claims to be interested in subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand, (Rule 5) 15.Where a suit is barred under law of limitation, plaint shall show the ground upon which exemption from such law is claimed, (Rule 6) 16.Every plaint shall state specifically the relief claimed either simply or in the alternative by plaintiff, (Rule 7) 17.Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly, (Rule 8) Rule 9. Procedure on admitting plaint.—Where the Court orders that the summons be served on the defendants in the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants. Return of plaint: [Order 7, Rules 10 – 10 B) 1. Where at any stage of the suit, the court finds that it has no jurisdiction, regarding either territorial or pecuniary or subject matter of the suit, it will return the plaint to be presented to the proper court in which the suit ought to have been filed. [Rule 10 (1)] 2. Rule 10 – A prescribes the procedure to be followed by a court before the plaint is ordered to be returned to be presented to the proper court. It obviates the need for serving the summons on the defendants. Illustration - A plaint is filed in Court A. Court A realizes it lacks jurisdiction and decides to return the plaint to be filed in Court B. Process: Court A notifies the plaintiff about the decision to return the plaint. The plaintiff applies to Court A under Rule 10A(2) to specify Court B as the next court and requests Court A to fix a date for appearance. Court A fixes a date for the parties to appear in Court B and informs both the plaintiff and defendant of this date. The notice issued by Court A serves as a summons for the defendant to appear in Court B on the specified date. Result: The process avoids delays in serving fresh summons, and the case resumes promptly in Court B. 3. An appellate court can also return the plaint to be presented to the proper court. (Rule 10 B) 4. The Judge returning the plaint should make endorsements on it regarding (i) the date of presentation; (ii) the date of return; (iii) the name of the party presenting it and (iv) reasons for returning it. [Rule 10 (2)] 5. When the plaint is filed in the proper court, after getting it back from the wrong court, it cannot be said to be a continuation of the suit. As suit must be deemed to commence when a plaint is filed in the proper court. (Amar Chand v. Union of India, AIR 1973 SC) 6. The order returning a plaint is appealable order. [Order 43, Rule 1 (a)] Reject of Plaint (Order 7, Rule 11): 1. Where plaint does not disclose cause of action. 2. Where relief claimed is undervalued and the valuation is not corrected within the time fixed or extended by the court, the plaint will be rejected.  3. Sometimes, the relief claimed is properly valued, but the plaint is written upon a paper insufficiently stamped and the plaintiff fails to supply the requisite stamp-paper within the time fixed or extended by the court. 4. Where the suit appears from the statements in the plaint to be barred by any law, the court will reject the plaint. 5. where it is not filed in duplicate 6. Where the plaintiff fails to comply with the provisions of Rule 9, the plaint will be rejected. 7. If the plaint is signed by a person not authorised by the plaintiff and the defect is not cured within the time granted by the court, the plaint can be rejected. 8. Where the plaint is found to be vexatious and meritless, not disclosing a clear right to sue, the court may reject the plaint under this rule. If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from presenting a fresh plaint in respect of the same cause of action. (Rule 13) An order rejecting a plaint is deemed “decree” within the meaning of Section 2 (2), CPC and, therefore, is appealable. (Section 96) WRITTEN STATEMENT (ORDER 8) A written statement ordinarily means a reply to that plaint filed by the plaintiff. A written statement must be filed within 30 days from the filing of summons on the defendants. If the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons (Order 8, Rule 1) A defendant is bound to produce all the documents in support of his defence or claim for set-off or counter-claim which are in his possession. The plea of limitation or any question of law can be taken at any later stage also. Rule 3. Denial to be specific.—The defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages. Set-Off (Order VIII, Rule 6) The doctrine of set-off allows the defendant to claim a debt owed by the plaintiff as a counterbalance against the plaintiff's claim. Definition: If the plaintiff owes the defendant money, the defendant can request to "set-off" that debt against the plaintiff’s claim, effectively reducing or nullifying the amount owed to the plaintiff. Essentials of Set-off 1. Defendant has the right to claim. 2. The plaint must be for the recovery of debts. 3. The debt amount must be definite and mentioned. 4. The amount must be of a recoverable nature. 5. It must be within the pecuniary limit of the court. 6. Both the parties must fill the same character as mentioned in the plaint Effect of Set-Off: If allowed, a set-off acts as a partial or complete defense against the plaintiff's claim. It essentially operates as a cross-suit by the defendant without the need for filing a separate lawsuit. Illustration: A filed a suit against B claiming that he had taken Rs. 50,000 from him and the amount has become due. Now, B has also claimed that A has taken Rs. 20,000 from B and the amount is due as a debt. In such a scenario, both parties are mutually indebted to each other, and they both have to pay off the debts due to each other. Instead of filing a fresh suit altogether, B files a set-off claim along with the written statement in response to the plaint filed by A for those Rs. 20,000 due. COUNTER-CLAIM Rule 6 A According to Order 8, Rule 6 A Counter-claim A counterclaim is a separate and independent claim filed by the defendant against the plaintiff, typically arising out of the same transaction or subject matter as the plaintiff’s claim.  Rule 6A: Grounds for Counterclaim The defendant may set up a counterclaim against the plaintiff, provided: ○ It arises out of the cause of action or transaction involved in the plaintiff’s suit. ○ It does not exceed the pecuniary jurisdiction of the court. Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment in the same suit. The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the court. Rule 6B: Counter-Claim to Be Stated The counter-claim must be clearly mentioned in the written statement, including all the facts on which the counter-claim is based, by the defendant. Rule 6C: Exclusion of Counterclaim If the plaintiff believes the counterclaim is unrelated to the original suit, they can apply to exclude it. The court will decide if it should proceed as a separate suit. Rule 6D: Stay of Suit If the plaintiff's suit is stayed, dismissed, or withdrawn, the counterclaim remains unaffected and continues to be adjudicated. Rule 6E: Default of plaintiff to reply to counter-claim.— If the plaintiff makes default in putting in a reply to the counter-claim made by the defendant, the Court may pronounce judgment against the  plaintiff in relation to the counter-claim made against him, or make such order in relation to the counter-claim as it thinks fit. Rule 6F:. Relief to defendant where counter-claim succeeds.— Where in any suit a set-off or counterclaim is established as a defence against the plaintiff’s claim and any balance is found due to the plaintiff or the defendant, as the case may be. the Court may give judgment to the party entitled to such balance Rule 6G. Rules relating to written statement to apply.— The rules relating to a written statement by a defendant shall apply to a written statement filed in answer to a counter-claim Set-off Counterclaim Nature Statutory defence Cross-action initiated by the defendant Basis Must be an ascertained sum or Not required to arise from arise from the same transaction the same transaction as the plaintiff’s claim Purpose Defence against plaintiff’s claim Offensive measure against the plaintiff’s claim Pleadings Pleaded in the written statement Treated as a separate claim Scope Generally cannot exceed the Can exceed the plaintiff’s plaintiff’s claim claim Jurisdiction Claims must not exceed the Claims must not exceed the limits court’s pecuniary jurisdiction court’s pecuniary limits jurisdiction limits ORDER IX Appearance of parties and consequence of non-appearance Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.— On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court. Rule 2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.— Where it is found that summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed Provided that no such order shall be made, if the defendant attends in person or by agent on the day fixed for him to appear and answer. Rule 3. Where neither party appears suit to be dismissed Rule 4. Plaintiff may bring fresh suit or Court may restore suit to file.— Where a suit is dismissed under rule 2 or rule 3, the plaintiff may bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for [such failure in rule 2], or for his non-appearance, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit. Rule 6. Procedure when only plaintiff appears.— Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then— 1. When summons duly served.— the Court may make an order that the suit shall be heard ex parte 2. When summons not duly served.—if it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant; 3. When summons served but not in due time.—if it is proved that the summons was served on the defendant, but not in sufficient time to  enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed, and shall direct notice to the defendant. Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement. Rule 8. Procedure where defendant only appears.— 1. Where the defendant appears and the plaintiff does not appear, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder. 10. Procedure in case of non-attendance of one or more of several plaintiff's.— the Court may, permit the suit to proceed in the same way as if all the plaintiff’s had appeared, or make such order as it thinks fit 11. Procedure in case of non-attendance of one or more of several defendants.— the suit shall proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who do not appear. ORDER X Examination of parties by the court It deals with the rules based on the examination of parties at first hearing. (Rule 1) Ascertainment whether Allegations in Pleadings are Admitted or Denied : At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement of the opposite party, and the parties need to expressly or by necessary implication deny or admit otherwise the same shall be deemed to be admitted. The Court shall record such admissions and denials. (Rule 1A) Direction of the Court to opt for any one Mode of Alternative Dispute Resolution : After recording admissions and denials the court shall direct the parties to opt either for outside the court settlement or other authority and then the court shall fix a date for appearance of the parties. Appearance before the Conciliatory Forum or Authority (Rule 1B): The parties shall make their appearance before the authority opted under Rule 1A. (Rule 1C) Appearance before the Court Consequent to the Failure of Efforts of Conciliation : If the presiding officer of the conciliation forum or authority feels that the matter is not proper to proceed with in the interest of justice, it shall refer the same to the court and direct the party to appear before the court fixed by them. (Rule 2) Oral examination of Party, or Companion of Party : At the first hearing the court: Shall examine the parties orally as it deems fit. May orally examine any person who is able to answer material questions in the suit presented by any of the parties. At the subsequent hearing the court may examine parties or any person who can answer the material questions in the suit. The court may put in the course of an examination under this rule questions suggested by either party. (Rule 3) Substance of Examination to be Written: The court shall reduce in writing or record the substantial part of the hearing.  (Rule 4) Consequence of Refusal or Inability of Pleader to Answer : If the pleader of the parties refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court [may postpone the hearing of the suit to a day not later than seven days from the date of first hearing] and direct that such party shall appear in person on such day. If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit. ORDER XI - : Discovery and Inspection Rule 1: Discovery by Interrogatories Either party can serve written questions (interrogatories) to the other party to gather material facts. To clarify issues in the dispute and avoid surprises during trial. no party shall deliver more than one set of interrogatories to the same party Must be relevant to the matter in question. Cannot include irrelevant, scandalous, or vexatious questions. Rule 2: Particulars of Interrogatories The interrogatories must be: ○ Filed in court.  ○ Approved by the court within 7 days before being served on the other party. Order 12 - ADMISSION Rule 1. Notice of admission of case. - Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. Rule 2. Notice to admit documents. - Either party may call upon the other party to admit, within seven days from the date of service of the notice any document in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; Rule 2A: Document to be deemed to be admitted if not denied after service of notice to admit documents.- Every document which was called upon to admit if: 1. Not denied specifically or by necessary implication, or 2. Not stated to be admitted by the party in their pleading, or 3. Not replied during the reply to the notice;shall be deemed to be admitted. One exception to the above provision is the person under disability 3. Form of notice. - A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require. Rule 6: Judgment on Admissions This rule allows the court to pronounce a judgment based on admissions made by the parties, either in their pleadings or during the course of proceedings, without requiring a full trial. The court can: Act suo moto (on its own) or upon the application of a party. Pass a judgment based on admissions at any stage of the suit, even before other issues are determined. ORDER XIII – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Original documents to be produced at or before the settlement of issues. - The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced. 2. Effect of non-production of documents. It essentially means that any document that should have been produced as evidence during the initial stages of a legal proceeding, but was not, cannot be introduced later unless there's a valid reason for its non-production. The court has the discretion to admit such late evidence, but it must record the reasons for doing so. Nothing in sub-rule (1) shall apply to documents,- (a) produced for the cross-examination of the witness of the other party, or (b) handed over to a witness merely to refresh his memory. 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. 4. Endorsements on documents admitted in evidence. (1) Subject to the provisions of the next following sub-rule, there shall be endorsed on every document which as been admitted in evidence in the suit the following particulars, namely- (a) the number and title of the suit, (b) the name of the person producing the document, (c) the date on which it was produced, and (d) a statement of its having been so admitted, and the endorsement shall be signed or initialled by the Judge. ORDER XIV-SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON Framing of issues rule 1  Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. Each material proposition affirmed by one-party and denied by the other shall form the subject of distinct issue. Issues are of two kinds: issues of fact, issues of law. At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 71[after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. Court to pronounce judgment on all issues Rule 2 Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues. Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to: 1. the jurisdiction of the Court, or 2. a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.