AI Overview...
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Production of Documents at Any Stage - Courts have the authority to admit documents at any stage of the proceedings, including after the initial pleadings, provided there are valid reasons such as the documents being already on record, or for the purpose of refreshing a witness's memory. For example, courts can allow documents to be produced to refresh witnesses' memories (01400033001, 02100047835, 00900042997) or for cross-examination (01800004662). However, exceptions exist where rules restrict late-stage production, especially if the documents were not produced at the proper stage without good cause (00300009079, 00800046688).
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Limitations and Conditions - Certain rules restrict the production of documents after specific stages, such as before framing of issues, unless the party shows good cause (00300009079). Documents produced solely for cross-examination or to refresh memory are generally exempt from these restrictions (01400033001, 01800004662, 02100047835). Courts also exercise discretion in accepting late-produced documents, considering factors like custody and relevance (00800046688).
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Court's Discretion and Procedure - The courts have discretionary power under various rules (Order 7 Rule 14, Order 13 Rules 1 & 2, Order VIII Rule 1-A) to admit documents later in the proceedings, especially when the documents are relevant to the case, or for purposes like cross-examination or refreshment of memory. Proper application and showing good cause are essential for late acceptance (01400009054, 00200009175, 00200057084).
Analysis and Conclusion:
While courts generally prefer documents to be produced at appropriate stages, they retain the authority to admit documents later, especially those used to refresh witnesses' memories or for cross-examination. The key considerations include the timing of production, relevance, and whether good cause is shown. Exceptions are made to ensure fairness and thorough examination, but procedural rules impose restrictions to prevent undue delay or unfair advantage. Overall, courts balance procedural rules with the need for justice by allowing late production under specific circumstances (various references).
Search Results for "To Refresh Memory of Court Documents can be Produced at any Stage"
2023 0 Supreme(Gau) 807 • India - Gauhati
SANJAY KUMAR MEDHI
Finding of the Court: Documents sought to be produced are already on record in form of Ext. ... with said documents which are already on record in form of Ext. ... 1 & 2 CPC can be otherwise achieved inasmuch as that documents are already on records as indicated above - Apprehension expressed ... or handed over to a witness to merely refresh his memory. ... (3) Nothing in sub-rule (1) shall apply to documents- (a) produced for th....
1999 0 Supreme(AP) 616 • India - Andhra Pradesh
G.BIKSHAPATHY
subsequent stage. ... Order 13 Rule 2 CPC - Application for Receiving Documents - The court allowed the application for receiving certain documents ... Finding of the Court: The court found that the lower court's consideration of the admissibility of the documents in ... over to a witness merely to refresh his memory. ... "a reading of the said provision indicates that it is open for the parties to produce the #H....
2007 0 Supreme(Gau) 139 • India - Gauhati
H.N.SARMA
: The court interpreted Order 7 Rule 14(1) and 14(3) of CPC, emphasizing that the plaintiff may be permitted to produce documents ... Finding of the Court: The court allowed the plaintiff to file the additional documents, considering the discretionary ... Order 7 Rule 14 CPC - Additional Documents - Summary of Order 7 Rule 14(1) and 14(3) of CPC and their interpretation by the court ... are produced for the cross-examination of th....
1998 0 Supreme(Kar) 332 • India - Karnataka
H.N.TILHARI
before the framing of issues, and debarred the Court from receiving any document not produced at that stage unless good cause was ... at the required stage, and therefore, the Court had no jurisdiction to entertain the document subsequently filed. ... decision was based on the interpretation of Order 13, Rules 1 and 2 of the CPC, which clearly required the party to provide all documents ... non-production thereof and the Court recei....
2017 0 Supreme(Kar) 1454 • India - Karnataka
B.V.NAGARATHNA
out between him and defendant as per agreed terms - But neither reference of agreement was made in plaint nor copy of agreement produced ... in custody of defendant - Plaintiff seeking permission to produce copy of document - Marking of document in evidence as secondary ... nbsp;INDIAN EVIDENCE ACT, 1872 - Sections 65, 66 - Production of secondary evidence - Original documents ... This of course would exclude documents produced for cross-examination of the witnesses t....
2002 0 Supreme(Mad) 337 • India - Madras
P.D.DINAKARAN
to documents,— ... (a) produced for the cross-examination of the witnesses of the other party, or ... (b) handed over to a witness merely to refresh his memory. " " Order XVIII Rule 17, C.P.C.: Court may recall and examine witness.— The Court may at any stage of ... for production of the documents at a subsequent stage. ... Therefore, it is suffice for the Court to find out whether the claim of a person who appr....
2020 0 Supreme(Cal) 411 • India - Calcutta
MOUSHUMI BHATTACHARYA
The court found that the defendant was entitled to produce the documents with the leave of the court. ... (b) handed over to a witness merely to refresh his memory."
2019 0 Supreme(Pat) 229 • India - Patna
ASHWANI KUMAR SINGH
It also noted doubts about the custody of the document in question, which was sought to be brought on record at a belated stage. ... to allow amendment of pleadings after the trial has commenced, and the doubts about the custody of the document in question. ... court's decision was influenced by the discretionary power granted by Order VI Rule 17 and the doubts about the custody of the document ... ... (3) Nothing in sub-rule (1) shall apply to documents— ... (a) produced for the cros....
2001 0 Supreme(HP) 339 • India - Himachal Pradesh
KAMLESH SHARMA
, but nothing in rule (1) applies to the documents produced for the cross-examination of the witnesses of the other party or handed over to the witness merely to refresh his memory. ... Rule 2 of Order XIII further provides that if a party fails to produce the documents in accordance with the requirements of Rule 1. on us showing good cause to the satisfaction of the court for the non-production, the court may receive the document a....
2023 0 Supreme(AP) 1089 • India - Andhra Pradesh
B. V. L. N. CHAKRAVARTHI
leave to receive the documents at a later stage. ... under Order VIII Rule 1-A of the CPC to receive documents at a later stage, stating that the documents were required for loans and ... to receive documents at later stage Fact of the Case: The defendants filed an application ... Sub-Rule 4 of Rule 1A of Order VIII CPC says that nothing in this rule shall apply to the documents produced for cross- examination of plaintiff’s witness....
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