Thursday, 19 October 2017

Whether documents filed with plaint can be considered while deciding application for rejection of plaint?

Order 7 Rule 14 of the Code of civil Procedure provides as follows:


(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, where possible, state in whose possession or power it is.

(3) Where a document or a copy thereof is not filed with the plaint under this rule, it shall not be allowed to be received in evidence on behalf of the plaintiff at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory."

146. In the instant case the 'Club' not only annexed certain documents with the plaint but also filed a large number of documents therewith. Those, documents having regard to Order 7 Rule 14 of the Code of civil Procedure are required to be taken into consideration for the purpose of disposal of application under Order 7 Rule 11(a) of the Code of civil Procedure. 

Civil Appeal Nos. 5665 and 5666 of 2002

Decided On: 20.11.2003

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and Anr.

Hon'ble Judges/Coram:
V.N. Khare, C.J. and S.B. Sinha, J.
Citation:(2004) 9 SCC 512.
Read full judgment here: Click here
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