In dealing with the documents of class II in Rule 138, the attention of the Courts is drawn to the provisions of Order VIII, Rule 1. This rule makes it incumbent on the parties to produce at the first hearing all documentary evidence of every description in their possession or power on which they intend to rely. Order XIII, Rule 2, provides that documents which ought so to have been produced but have not been produced snail not be received at any future stage unless good cause is shown for their non-production at the appointed time and further requires that the Court shall record its reasons for receiving such documents. The Court should, therefore, formally call on the parties to produce their documents and lists and should make a note in the order-sheet of having done so and that the parties in reply produced the documents entered in a certain list or stated distinctly that they had nothing to produce.Note 1. - A list of reliance, if any, has to be filed by the plaintiff at the time of filing the plaint and may be filed by the defendant at the time of filing the written statement. A "list of reliance" filed by the plaintiff at any other time, or by the defendant, does not exclude the party filing it from the obligation under Rule 2 of Order XIII, of showing good cause of the non-production of the documents included in the list at the appropriate time.Note 2. - Rule 2 of Order XIII applies to all kinds of documentary evidence, whether consisting of original documents or certified copies of public documents. If a party wishes to produce later certified copies which he has not yet obtained his intention should invariably be announced at the first hearing. He should then be required to specify the originals and the details should be recorded in the order-sheet. A certified copy should not ordinarily be received after the first hearing unless the tenderer shows he has exercised reasonable diligence in applying for and obtaining it and the Court must record its reasons under Rule 2 of Order XIII for receiving it.Note 3. - These instructions do not apply to documents which only become relevant during the course of the trial.
