Order XIII of the Code of Civil Procedure (CPC), 1908, governs the procedures related to the production, impounding, and return of documents in civil litigation in India. This order ensures that all documentary evidence is presented timely, properly scrutinized, and appropriately managed throughout the judicial process.

1. DOCUMENTARY EVIDENCE TO BE PRODUCED AT OR BEFORE THE SETTLEMENT OF ISSUES

Order XIII Rule 1 mandates that parties or their pleaders must produce all documentary evidence in their possession or power, on which they intend to rely, at or before the settlement of issues. This requirement ensures that all relevant documents are available to the court and the opposing party, facilitating a fair trial. In Suresh Khan v. The State of Jharkhand, 2018 SCC OnLine Jhar 1572, the Jharkhand High Court emphasized that Order XIII Rule 1 CPC requires parties to produce original documents before issues are settled, following the exchange of interrogatories under Order XI CPC.

2. ENDORSEMENTS ON ADMITTED DOCUMENTS

According to Order XIII Rule 4, every document admitted in evidence must bear endorsements detailing:

• The number and title of the suit.
• The name of the person producing the document.
• The date of production.
• A statement confirming its admission.

These endorsements, signed or initialed by the judge, authenticate the document’s admission and serve as a record for future reference. High Courts have introduced amendments to this rule. For instance, the Bombay High Court allows an authorized officer to sign or initial the endorsement in proceedings filed in the Bombay Civil Court.

3. ENDORSEMENTS ON COPIES OF ADMITTED ENTRIES IN BOOKS, ACCOUNTS, AND RECORDS

Order XIII Rule 5 addresses situations where entries from books, accounts, or records are admitted as evidence. It permits parties to furnish copies of such entries, which the court must examine, compare, and certify. This process ensures the accuracy and reliability of documentary evidence derived from voluminous records. The Bombay High Court mandates that entries in languages other than English or the court’s language be accompanied by a correct translation, ensuring clarity and comprehension.

4. ENDORSEMENTS ON DOCUMENTS REJECTED AS INADMISSIBLE IN EVIDENCE

Per Order XIII Rule 6, when a document is deemed inadmissible, the court must endorse it with:

• The particulars mentioned in Rule 4.
• A statement of its rejection.

This endorsement, signed or initialed by the judge, provides a clear record of the document’s rejection, maintaining transparency in the evidentiary process. The Bombay High Court allows an authorized officer to sign this endorsement in proceedings filed in the Bombay City Civil Court.

5. RECORDING OF ADMITTED AND RETURN OF REJECTED DOCUMENTS

Order XIII Rule 7 stipulates that every document admitted in evidence, or its certified copy, becomes part of the suit’s record. Documents not admitted are returned to the individuals who produced them. This rule ensures that the case record comprises only relevant and admissible evidence, streamlining the judicial process. The Madras High Court added a proviso stating that no document shall be returned if it has become wholly void or useless by force of the decree.

6. COURT’S AUTHORITY TO IMPOUND DOCUMENTS

Under Order XIII Rule 8, the court holds the authority to impound any document or book produced before it, if sufficient cause exists. Impounding involves retaining the document in the custody of a court officer for a specified period and under certain conditions. This power is crucial for preventing the use of fraudulent or improper documents in legal proceedings.

7. RETURN OF ADMITTED DOCUMENTS

Order XIII Rule 9 outlines the procedure for returning admitted documents to the individuals who produced them:

• In cases where no appeal is allowed, documents can be returned after the suit’s disposal.
• In cases where an appeal is permitted, documents are returned once the appeal period has lapsed without an appeal being filed, or after the appeal has been disposed of.

This rule ensures that parties can retrieve their original documents post-trial, maintaining the balance between judicial record-keeping and individual property rights. The Bombay High Court introduced a proviso allowing the return of a copy of the decree and judgment filed with the memorandum of appeal under Order XLI Rule 1, after the appeal has been disposed of by the court.

8. COURT’S POWER TO SEND FOR PAPERS FROM ITS OWN RECORDS OR OTHER COURTS

Order XIII Rule 10 empowers the court to, on its own motion or upon application by any party, send for records of any other suit or proceeding from its own records or from other courts and inspect them. This provision facilitates comprehensive adjudication by allowing the court to consider relevant documents from related cases.

9. PROVISIONS AS TO DOCUMENTS APPLIED TO MATERIAL OBJECTS

Order XIII Rule 11 extends the provisions applicable to documents to all other material objects producible as evidence. This inclusion ensures that the procedures for handling documentary evidence are equally applied to physical evidence, maintaining consistency in evidentiary rules.

10. CASE LAWS ILLUSTRATING THE APPLICATION OF ORDER XIII

• Rajendra Singh v. State of Uttar Pradesh (2005): This case addressed the admissibility of evidence obtained through electronic means, such as phone tapping and video recording. The court held that such evidence is admissible, provided it meets the criteria of relevance and authenticity.

• Suresh Khan v. The State of Jharkhand (2018): The Jharkhand High Court ruled on the importance of producing original documents at the appropriate stage as per Order XIII Rule 1 CPC, ensuring transparency in the judicial process.