Beruflich Dokumente
Kultur Dokumente
IN RE:
Respectfully Sheweth:
LEGAL OBJECTION
1) That the Notice to produce documents under reply is not lawful and not
maintainable under law as under:
2) That it would not be out of place to mention here that in para 4 of the
plaint, the plaintiff has itself referred to all three sets of documents but the
answering defendant, on the other hand, in the corresponding para of the
written statement being para 4 of reply on merits had totally denied not
only the execution but also furnishing by it or acceptance by it of such
documents. The defendant/respondent has also denied to have entered
into any such alleged transaction with the plaintiff allegedly entered
through the documents mentioned in para 4 of the plaint. It may further
be noted that the plaintiff neither relied upon nor mentioned the said
documents required to be produced in its list of reliance under Order VII
Rule 14 CPC and list of documents under Order XIII rule 1 CPC attached
with the plaint. It is further added that the plaintiff has attached with the plaint
some of documents and the perusal whereof established that the same have not
been executed by the defendants. Therefore, in accordance with the aforesaid
provisions of law, notice under reply is not maintainable as such notice
cannot be given to the defendant/respondent as the documents required
to be produced were not referred to by the respondent/defendant, either
in its pleading including written statement or any affidavit filed in the
Court rather the defendants have denied the said documents in written
statement.
REPLY ON MERITS.
ANSWERING DEFENDANT
THROUGH :
(Faizan-Apr/17)
76. Cases in which secondary evidence relating to documents may be given:
Secondary evidence may be given of the existence, condition or contents of a
document
in the following cases: —
(a) when the original is shown or appears to be in the possession or power of the
person against whom the document is sought to be proved, or of any person out
of reach of, or not subject to, the process of the Court, or of any person legally
bound to produce it, and when after the notice mentioned in Article 77 such
person does not produce it;
(b) when the existence, condition or contents of the original have been proved to
be admitted in writing by the person against whom it is proved or by his
representative-ininterest;
(c) when the original has been destroyed or lost, or when the party offering
evidence of its contents cannot, for any other reason not arising from his own
default or neglect, produce it in reasonable time ;
(d) when, due to the volume or bulk of the original, copies thereof have been
made by means of microfilming or other modern devices ;
(e) when the original is of such a nature as not to be easily movable ;
(f) when the original is public document within the meaning of Article 85 ;
(g) when the original is a document of which a certified copy is permitted by this
Order, or by any other law in force in Pakistan, to be given in evidence ;
(h) when the originals consist of numerous accounts or other documents which
cannot conveniently be examined in Court, and the fact to be proved is the
general result of the whole collection ;
(i) when an original document forming part of a judicial record is not available and
only a certified copy thereof is available, certified copy of that certified copy shall
also be admissible as a secondary evidence.
In cases (a), (c), (d) and (e), any secondary evidence of the contents of the
document is admissible.
In case (b), the written admission is admissible.
In case (f) or (g), certified copy of the document, but no other kind of secondary
evidence, is admissible.
In case (h), evidence may be given as to the general result of the documents by
any person who has examined them and who is skilled in the examination of
such document.
77. Rules as to notice to produce: Secondary evidence of the contents of the
documents referred to in Article 76, paragraph (a), shall not be given unless the
party proposing to give such secondary evidence has previously given to the
party in whose possession or power the document is, or to his advocate, such
notice to produce it as is
prescribed by Law and, if no notice is prescribed by law, then such notice as the
Court
considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary
evidence
admissible in any of the following cases, or in any other ease in which the Court
thinks fit
to dispense with it: —
(1) when the document to be proved is itself a notice ;
(2) when, from the nature of the case, the adverse party must know that he will
be
required to produce it;
(3) when it appears or is proved that the adverse party has obtained possession
of the
original by fraud or force ;
(4) when the adverse party or his agent has the original in Court ;
(5) when the adverse party or his agent has admitted the loss of the document ;
(6) when the person in possession of the document is out of reach of, or not
subject to, the
process of the Court.
15. Every party to a suit shall be entitled at any time to give notice to any other
party, in whose pleadings or affidavits reference is made to any document, to
produce such document for the inspection of the party giving such notice, or of
his pleader, and to permit him or them to take copies thereof; and any party not
complying with such notice shall not afterwards be at liberty to put any such
document in evidence on his behalf in such suit unless he shall satisfy the Court
that such document relates only to his own title, he being a defendant to the suit,
or that he had some other cause or excuse which the Court shall deem sufficient
for not complying with such notice, in which the Court may allow the same to be
put in evidence on such terms as to costs and otherwise as the Court shall think
fit.
16. Notice to any party to produce any documents referred to in his pleading or
affidavits shall be in Form No.7 in Appendix C, with such variations as
circumstances may require.
17. The party to whom such notice is given shall, within ten days from the receipt
of such
notice, deliver to the party giving the same a notice stating a time within three
days from
the delivery thereof a which the documents, or such of them as he does not
object to
produce, may be inspected at the office of his pleader, or in the case of bankers'
books or
other books of account or books in constant use for the purposes of any trade or
business,
at their usual place of custody, and stating which (if any) of the documents he
objects to
produce
, and on what ground. Such notice shall be in Form No.8 in Appendix C, with
18.-(1) Where the party served with notice under rule 15 omits to give such
notice of a
than at
the office of his pleader, the Court may, on the application of the party desiring it
make
an order for inspection in such place and in such manner as it may think fit:
Provided that
the order shall not be made when and so far as the Court shall be of the opinion
that it is
not necessary either for disposing fairly of the suit or for saving costs.
(2) Any application to inspect documents, except such as are referred to in the
pleadings,
disclosed in
documents inspection is sought, that the party applying is entitled to inspect them
and
that they are in the possession or power of the other party. The Court shall not
make such
order for inspection of such documents when and so far as the Court shall be of
opinion
that it is not necessary either for disposing fairly of the suit or for saving costs.
NO 7. NOTICE TO PRODUCE DOCUMENTS
Take notice that the [plaintiff or defendant] requires you to produce for his inspection the
16. Notice to any party to produce any documents referred to in his pleading or affidavits
shall be in Form No.7 in Appendix C, with such variations as circumstances may require.