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Civil Procedure Code o 47 Party Bound to Produce Document
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Party's Obligation to Produce Documents - A litigant approaching the court is generally required to produce all relevant documents executed by him that pertain to the case. Withholding vital documents to gain an advantage can be considered fraudulent and may lead to adverse consequences (Sections 47, 151 CPC) Amtul Quayyum Humsira VS Munawar Fathima - Andhra Pradesh, Rajesh Lakshmi Chand VS E. Maheswari - Madras, M. Gopinathan Pillai, rep. by its Power Agent, C. Vasudevan Pillai VS K. Radhakrishnan - Madras.
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Effect of Non-Production and Fraud - Failure to produce relevant documents, especially when intentionally withheld, can be viewed as playing fraud on the court, affecting the credibility of the party and potentially impacting the case outcome Amtul Quayyum Humsira VS Munawar Fathima - Andhra Pradesh, Rajesh Lakshmi Chand VS E. Maheswari - Madras.
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Production of Documents in Specific Contexts - Under Section 47 CPC, the court has the authority to examine and decide upon the production and relevance of documents, including in cases of constructive res judicata or when documents are relied upon to establish rights or defences (Sections 47, 151 CPC) P. Kunhippennu, D/o. Andy Vs P.V. Padmanabhan, S/o. Puthusseri Unichundan - Kerala, P. Kunhippennu, D/o. Andy Vs P.V. Padmanabhan, S/o. Puthusseri Unichundan - Kerala.
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Procedure for Document Production - When a party relies on documents, they must list and produce them at the time of filing or during trial. The court can order the production of documents on notice, and certified copies can be obtained if originals are not available (Section 47 CPC, Registration Act, 1908) Export Credit Guarantee Corporation of India Ltd. VS T. Mathew the Settler and Trustee of P. M. T. Family Trust - Bombay, Rajesh Bhatia VS G. Parimala - Andhra Pradesh.
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Limitations and Exceptions - Some tribunals or authorities, such as labor tribunals, may not be strictly bound by CPC procedures but are still guided by principles of fairness and relevance. The procedure for review under Order 47 Rule 1 CPC allows for reconsideration if new evidence or documents are discovered later Hari Krishan Vashishtha VS Government Of U. P. - Allahabad.
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Case-Specific Insights - In cases involving property or contractual disputes, the production of documents like sale deeds, registration certificates, or departmental inquiries is crucial. The court emphasizes that parties must produce all relevant documents to substantiate their claims, and failure to do so may lead to adverse inferences M. Gopinathan Pillai, rep. by its Power Agent, C. Vasudevan Pillai VS K. Radhakrishnan - Madras, MIRANDA TOOLS VS JAYESH M. PATEL - Gujarat.
Analysis and Conclusion
The overarching principle under Section 47 CPC is that parties are bound to produce all relevant, executed documents in their possession or control when required by the court. Withholding such documents can be considered fraudulent and may adversely affect the party's case. Courts have the authority to order production, examine the relevance, and draw inferences based on compliance or non-compliance. Exceptions exist in specialized tribunals, but the fundamental rule emphasizes transparency and full disclosure to ensure justice.
References: - CPC Sections 47, 151 - Registration Act, 1908 - Relevant case laws and procedural rules as cited above.
Search Results for "Civil Procedure Code o 47 Party Bound to Produce Document"
2018 0 Supreme(Mad) 554 • India - Madras
V.M.VELUMANI
Code of Civil Procedure, 1908 – Section 151, 47 – Hindu Succession Act, 1990 – Specific performance of agreement ... condition exists in the present case and learned Judge, without considering these facts erroneously allowed the application. – Civil ... respondent. – The reasons given by the Executing Court for allowing the application filed by the first respondent under Section 47 ... A litigant, who approaches the Court, is bound to produce all the documents execute....
2001 0 Supreme(AP) 774 • India - Andhra Pradesh
P.S.NARAYANA
Section 47 C. P. ... Buildings (Lease, Rent and Eviction) Control Act, 1960 - Section 15 ; Civil Procedure Code, 1908 - Section 47, 151 - Restoration ... c. ... A litigant, who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the Court as well as ....
2025 Supreme(Online)(KER) 10878 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
(A) Code of Civil Procedure - Section 47 - Constructive Res Judicata - The plaintiff sought a declaration that a prior partition ... The court found that the plaintiff was not a party to the earlier suit and thus not bound by its decree. ... and that the document supporting his claim was valid. ... document. ... A3 document. Janaki sold the kanam rights over the said property to one Vappukutty by virtue of Ext. A4 document. The same was returned to J....
2025 0 Supreme(Ker) 870 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
(A) Code of Civil Procedure - Section 47 - Constructive Res Judicata - The plaintiff sought a declaration ... as he was not a party to it and that the document supporting his claim was valid. ... on a fraudulent document. ... document. ... A3 document. Janaki sold the kanam rights over the said property to one Vappukutty by virtue of Ext. A4 document. The same was returned to Janaki as per Ext.A5 document. ... The third argument ra....
2005 0 Supreme(AP) 1096 • India - Andhra Pradesh
T.CH.SURYA RAO
defendants to produce Bank statements and other accounts required - Party seeking production of documents as well can obtain certified ... ... “Discovery of fact” - Discovery of document - If a party seeks assistance ... and Rules of evidence contained in Secs.162 to 165 - Stated - Rules of procedure envisaged under Or.11 of Code and rules of evidence ... Giving, as evidence, of document called for and produced on notice.- When a #....
2014 0 Supreme(Bom) 564 • India - Bombay
R.D.DHANUKA
... Registration Act, 1908 - Section 47 - Registration of document. ... of the document shall relate back to the date of execution of the document. ... The said document is admittedly registered. ... ... (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and s....
2012 0 Supreme(Ori) 459 • India - Orissa
V.GOPALA GOWDA, B.N.MAHAPATRA
CIVIL PROCEDURE CODE, 1908 - Secl. 114 read with Order 47, Rule 1 - Limitations for entertaining a review petition - Party filing ... CPC. ... petitioner-assessee to revise his income by way of filing a revised statement of income - CIT being the creature of the statute, is bound ... . discovery of new and important matter or evidence which it could not discover with due diligence or it was not within his knowledge and, thus, could not produce at the initial stage. ... A remedy by way ....
2005 0 Supreme(Guj) 546 • India - Gujarat
M.R.SHAH
The Management wanted to produce the documents vide list at Exhibit-13 to prove that in fact departmental inquiry was held, which ... Gandhi - Special Civil Application No. 5602 of 2002 [Para 3.2]. ... is disputed by the workman and even the workman has objected to exhibiting those documents produced vide list Exhibit-13. ... The management wanted to produce the documents vide List at Ex. 13 to prove that in fact departmental inquiry was held, which is disputed by the....
1989 0 Supreme(All) 69 • India - Allahabad
S.K.DHAON
The court found that the Tribunal was not bound by the procedure laid down in the Code of Civil Procedure or the rules of evidence ... The court found that the Tribunal was not bound by the procedure laid down in the Code of Civil Procedure or the rules of evidence ... However, the court found that the provisions of Order 47, Rule 1 of the Code of Civil Procedure, which govern the procedure for review ... It follows that in the matt....
2014 0 Supreme(Mad) 3666 • India - Madras
S.VIMALA
possession - Immovable property – Claim of compensation - Judgment debtors/respondents 5 to 9 herein have filed a Petition under Section 47 ... from dealing with property which is subject-matter of suit - Itself is treated as constructive notice to a purchaser that he is bound ... Transfer of Property Act, 1882 - section 52 - Civil Procedure Code - Order 21 - Rule 97 - Seeking delivery ... A litigant, who approaches the court, is bound to produce all the documents executed by him which....
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