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State of Himachal Pradesh - Section

Section 37 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh

37. Main provisions with regard to the production of documents.

- The main provisions of the Code with regard to the production of documents by the parties are as follows:-
(a)According to Order VII, rule 14 when the plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented and deliver the document itself or a copy thereof to be filed with the plaint. If he relies on any other document whether in his possession or power or notes evidence in support of his case, he shall enter such document in a list to be annexed to the plaint. If the documents are not so produced or entered in a list, they cannot be produced at a later stage without the leave of the Court, unless they fall within the exception given in sub-rule 2 of rule 18 of Order VII.
(b)Similarly, Order VIII, rule 1 requires the defendants to produce with his written statement and documents upon which his defence or claim to set off is founded.
The defendants must also annex to the written statement a list of all documents on which he intends to rely in support of his defence or claim to set off, whether in his possession or power or not.
(c)Order XIII, rule 1, lays down that the parties shall produce at the first hearing of the suit documentary evidence of every description in their possession or power, on which they intend to rely and which had not already been filed in Court and all documents which the Court has ordered to be produced. If the documents are not so produced at the first hearing they cannot be produced at a later stage unless good cause is shown to the satisfaction of the Court.