Section 32A in The Appellate Side Rules of The High Court at Calcutta
32A. (i) Exhibited documents or other papers returned to the parties in the court below, and not received with the lower court's records, may be filed in this court by the party to whom they were returned, at any time before the appeal is placed on the general list, and in case of appeals from original decrees or orders, before the list is prepared for purposes of the paper - book. The preparation of the paper - book or hearing of the appeal shall, on no account, be delayed for non - filing of the exhibits.
(ii)If such documents and papers are not filed by the party who received therm back, within the time mentioned above, he shall not be allowed, except with the permission of the court and subject to such terms as the court may think fit to impose, to use them for purposes of, his case during the hearing of the appeal.(iii)If such documents and papers are not filed by the party who received them back, and the other party wants to use them in support of his case, it shall be open to the latter to make an application to the Registrar, at any time before the appeal comes on the Daily List, and the Registrar may, on such application, make an order directing the party, whose documents they are, to file them in court within such time as may be fixed by him.(iv)If the documents and papers are not filed by the party in pursuance of the order of the Registrar mentioned above, it shall be open to the party who requires these documents to use certified copies of them if they are registered, and plain copies in his possession, if not registered, during the hearing of the appeal. The cost of obtaining certified copies of the documents shall, subject to any direction to the contrary given by the court, be borne by the party who failed to produce the original documents.
