Order 12 Rule 8 CPC | Civil Law for Judiciary Exams PDF Download

Introduction

• The notice of Production of Document entails requesting relevant documents from the other party involved in a legal case. These documents serve as crucial evidence required by the court to make informed decisions.
• Evidence and proofs play a pivotal role in court proceedings. They often manifest in the form of official documents such as payment receipts, official certificates, signed agreements, birth certificates, and more.

Order 12 Rule 8 of Civil Procedure Code, 1908

• Notice to produce documents: Notice to produce documents shall be in Form No. 12 in Appendix C, with necessary adjustments based on the situation. An affidavit from the pleader, his clerk, or the person serving the notice is adequate evidence of its service and timing.
• The petitioner serves an order on the respondent to present relevant case-related documents. The notice must conform to Form No. 12 in Appendix C.
• The court accepts the documents provided by the respondent as evidence if they are pertinent. Subsequently, the court proceeds with the cross-examination of these documents during the Civil Proceedings.

Documents Admissible in Civil Suit Proceedings

When it comes to the documents that can be presented in the course of a civil suit, several key points need to be kept in mind:

• Official Signed Agreement
• An official agreement that has been signed by the involved parties holds weight as admissible evidence.
• Receipt of Payment
• A documented receipt of payment serves as crucial evidence in legal proceedings.
• Official Certificates
• Official certificates, bearing relevant information, are deemed admissible in court.
• Recording and Photographs
• Under specific circumstances, recordings and photographs can be considered admissible based on the case's specifics.
• Electronic Records as per Section 65 of the Evidence Act
• Electronic records, even without certification, are deemed admissible evidence in a court of law as per Section 65 of the Evidence Act.

What Happens if the Other Party Fails to Provide the Document?

When the respondent party does not provide the necessary documents, several reasons might be behind this:

• Documents are damaged or lost.
• There is an intentional effort to fraudulently conceal the documents to avoid presenting them in court.
• The documents are simply not available.

If the respondent party fails to produce the required documents, the court will typically allow the petitioner the chance to present secondary evidence instead.

What is Secondary Evidence

Secondary Evidence, as defined in Section 63 of the Indian Evidence Act, pertains to:

• Certified copies issued under the subsequent provisions;
• Copies produced through mechanical processes ensuring accuracy, and copies compared to such copies;
• Copies made from or compared directly with the original;
• Counterparts of documents, especially in cases where the executing parties differ;
• Oral descriptions of a document's contents by an individual who has personally witnessed it.

Secondary Evidence, as outlined in Section 63 of the Indian Evidence Act, encompasses various forms of evidence that can be presented in legal proceedings when the primary evidence is not available or feasible to produce.
Let's delve deeper into each component:

• Certified Copies: Certified copies refer to duplicates of original documents that have been verified and authenticated by authorized entities. These copies hold legal validity and can be used as evidence in court proceedings.
• Mechanical Process Copies: Copies created through mechanical processes guaranteeing precision are considered secondary evidence. These copies, along with their comparisons, ensure the faithfulness and accuracy of the information presented.
• Copies from or Compared to the Original: Copies directly made from the original document or those compared with the original fall under the category of secondary evidence. This ensures that the information remains true to the source.
• Counterparts and Oral Accounts: Counterparts of documents are accepted as secondary evidence, particularly when the involved parties have not signed them. In addition, oral accounts regarding a document's contents provided by an individual who has firsthand knowledge of the document are considered secondary evidence.

Secondary evidence plays a crucial role in legal proceedings by allowing for the presentation of valid substitutes when primary evidence is unavailable or cannot be produced. It ensures that essential information is not disregarded due to the unavailability of primary documentation.

Understanding Secondary Evidence

• Certified Copy of Original Document: This involves a verified duplicate of the primary document that must be accurate and true.
• Mechanically Produced Copies: These are duplicates created through mechanical means like photocopying or printing, ensuring accuracy and originality.
• Non-Mechanical Copies: Copies directly compared to the original document are acceptable if not produced through mechanical processes.
• Audio-Visual Materials: Recordings such as call recordings, CCTV footage, and tapes serve as secondary evidence.
• Oral Testimony: When original documents or their copies are unavailable, testimony from a witness who has seen the document is permissible.
• Unaltered Evidence: Secondary evidence is admissible in court when it remains unchanged from the original document.
• Exceptions: Certified copies of registered sale deeds and wills are generally not considered secondary evidence unless specific reasons for unavailability are provided.
• Newspaper Reports: Reports from newspapers can also be considered as secondary evidence.

Other provisions related to the production of documents

Order 11 Rule 14 of Civil Procedure Code, 1908

• Order 11 Rule 14 of the Civil Procedure Code, 1908, allows the court to order the production of documents by any party involved in a suit. The court has the authority to request documents that are in the possession or power of a party and are relevant to the matter in question. Upon production, the court can handle these documents as deemed appropriate.
• For example, if Party A is involved in a legal dispute with Party B, the court can use Order 11 Rule 14 to compel Party A to provide specific documents related to the case. The court can then review these documents to ensure fair proceedings.

Order 11 Rule 16 of Civil Procedure Code, 1908

• Order 11 Rule 16 of the Civil Procedure Code, 1908, pertains to the issuance of a notice to produce documents mentioned in a party's pleadings or affidavits. The notice should comply with Form No. 7 in Appendix C, with necessary adjustments based on the circumstances.
• For instance, if Party X references specific documents in their legal submissions, the court can issue a notice to Party X to produce these documents. The format for this notice is outlined in Form No. 7 with adaptations as required by the situation.

Difference between Order 12 Rule 8 and Order 11 Rule 16 of the Civil Procedure Code, 1908

• Order 12 Rule 8 of the Civil Procedure Code, 1908, pertains to the issuance of notices for the production of documents that may or may not be referenced in the plaint or written statement by a party. This notice is sent to the opposing party, requesting the production of relevant documents in their possession.
• On the other hand, Order 11 Rule 16 addresses the production of documents explicitly mentioned in the written statement, affidavit, or plaint by a party. In such cases, a notice is served to the party possessing the mentioned document, requesting its production.

Conclusion

Order 12 Rule 8 deals with the notice for the production of documents relevant to civil proceedings, which is served on the party holding the documents. If the documents are provided, the court proceeds with the examination of the document in the proceedings. However, if the documents are unavailable or not provided, the petitioner is given an opportunity to present secondary evidence.