Documents Relied on in : Must They Be Filed?
Filing a civil suit starts with the , but what about the documents supporting your claim? A common question arises: Documents Relied Upon has to be Produced during Filing of . Understanding this is crucial for plaintiffs to avoid procedural pitfalls. This post breaks down the legal position under the , drawing from key provisions and case law. Note: This is general information, not specific legal advice—consult a lawyer for your case.
The Core Legal Principle
Generally, documents relied upon as evidence in support of the claim or forming the basis of the must be produced along with the to be considered part of the . The contents of documents produced along with the are generally considered part of the , provided they are relied upon as evidence in support of the claim or form the basis of the , and are properly filed or annexed to the in accordance with procedural requirements.
Key points include:- Documents relied upon as evidence or forming the basis of the are treated as part of the .- Their inclusion depends on filing them with the , possession by the plaintiff, and proper entry or annexation.- At the stage (), courts limit review to and filed documents. 2020 4 Supreme 160- Documents solely for evidence, if not incorporated, cannot be considered without formal proof. 2003 7 Supreme 664
This ensures transparency and prevents surprises during trial.
: The Mandatory Requirement
provides that where a plaintiff sues upon a document or relies upon a document in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the .
Failure to do so may exclude them from . Once filed, they integrate seamlessly, influencing decisions like rejection.
as Integral to
attached to the are deemed part of the . It is settled law that admissions/denials of the party and opposite side in a case form part of . It is also settled law that all attached to the or become part of the .2009 0 Supreme(Del) 639
They can be read against the party even without separate proof, aiding determination. For instance, in property disputes, filed bank statements or letters become pivotal. 2024 0 Supreme(Bom) 400
Court Scrutiny under
When defendants seek rejection, courts examine only the averments and accompanying documents. The test for exercising the power under is that if the averments made in the are taken in entirety, in conjunction with the documents relied upon, would the same result in a decree being passed.2020 4 Supreme 160
A can be rejected based on the made in the and the documents produced along with the . A cannot be rejected based on the defence statement of the Defendant made in the or any averment made in the Affidavit filed in support of the Application filed under Order 7, Rule 11 of the Code of Civil Procedure.2019 0 Supreme(Guj) 901 2014 0 Supreme(Mad) 4159
In one case, inconsistencies between and filed documents led to rejection as vexatious. The made in the are also inconsistent with the documents filed along with the . Once the plaintiff has relinquished her share in the suit property in favour of the defendant, she cannot be allowed at a later point of time to undo the same by placing reliance on an unregistered document purported to be a MoU. Therefore, in my view the suit is manifestly vexatious and meritless.2021 0 Supreme(Del) 2403
Courts won't consider defendant's documents or written statements here—focus stays on plaintiff's filings.
Insights from Case Law
Judgments reinforce this. In possession suits, documents like letters filed with the (Ex.P.1) were examined alongside averments. Ex.P.1 is the letter dated from the General Secretary of plaintiff-union to the defendant company. The above being the legal position, let us examine , averments in the affidavit and supporting documents filed along with the and the .2022 0 Supreme(Telangana) 140
Similarly, Nothing has been mentioned about the genuineness of Ext.A1 in the filed by the second defendant. Once a document has been produced along with the , it will form part of the and the of the plaintiff.2017 0 Supreme(Ker) 216
In election-related suits, courts stressed reading the entirely with filed documents to check . Whether a discloses a or not is essentially a question of fact. But whether it does or does not must be found out from reading the itself. For the said purpose, the averments made in the in their entirety must be held to be correct.2024 Supreme(Online)(Bom) 507
Amendments may allow later inclusion if necessary for real controversy, but initial filing is key. 2024 0 Supreme(Bom) 400
The provisions regarding the manner of writing and contents of the , and the inclusion of documents as part of .2006 2 Supreme 251The scope of consideration at the stage of rejection under is limited to the and documents filed with the ; documents relied upon solely as evidence are not part of unless annexed or incorporated properly.2025 2 Supreme 656Emphasizes that documents filed along with the are to be considered as part of the when deciding an application under .2006 6 Supreme 44
Exceptions and Limitations
Not all documents auto-qualify:- Those not filed or annexed require formal proof later. Mere production and marking of a document as by the court cannot be held to be a due proof of its contents.2003 7 Supreme 664- Solely evidentiary documents without incorporation aren't .- Unregistered documents (e.g., MoU) may be inadmissible if relied upon improperly. 2021 0 Supreme(Del) 2403- or limitations can't always be decided at threshold without full trial. 2014 0 Supreme(Mad) 4159
Practical Recommendations for Litigants
To strengthen your :- List and produce all relied-upon documents per Order 7 Rule 14.- Annex them clearly, specifying their role in .- For defenses, stick to and filed documents.- Consider amendments early if needed, subject to costs. 2024 0 Supreme(Bom) 400
Conclusion and Key Takeaways
In conclusion, the general legal position, as supported by the cited documents, is that documents produced with the and properly annexed or filed are considered part of the , whereas documents relied upon solely as evidence or produced later require formal proof before being deemed part of the .
Key takeaways:- File relied-upon documents upfront to integrate into .- Courts focus on + filed documents for early-stage decisions.- Proper procedure avoids rejection and streamlines suits.
Stay proactive in civil litigation—proper documentation can make or break your case. For tailored advice, reach out to a legal professional.
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