Rule 4 of CPC : Rule 4: Admission and denial of documents.

CPC

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Scenario: A dispute over a commercial contract between Company A and Company B.

Facts:

  • Company A sues Company B for breach of contract.
  • During the discovery phase, Company A discloses several documents, including emails, the signed contract, and invoices.
  • Company B inspects these documents.

Application of Rule 4:

  1. Submission of Statement:

    • Within fifteen days of completing the inspection, Company B must submit a statement admitting or denying the documents disclosed by Company A.
  2. Explicit Admissions or Denials:

    • Company B must explicitly state whether it admits or denies:
      • The correctness of the contents of the emails.
      • The existence of the signed contract.
      • The execution of the contract.
      • The issuance and receipt of the invoices.
      • The custody of the documents.
  3. Reasons for Denial:

    • If Company B denies any document, it must provide reasons. For example, if it denies the correctness of an invoice, it might state that the invoice amount is incorrect due to a calculation error.
  4. Affidavit:

    • Company B must file an affidavit supporting the statement of admissions and denials, confirming the correctness of the statement.
  5. Court's Discretion:

    • If Company B unduly refuses to admit a document without valid reasons, the court may impose costs on Company B for deciding on the admissibility of the document.
  6. Orders on Admitted Documents:

    • The court may pass orders regarding the admitted documents, such as waiving the need for further proof of the signed contract.

Example 2:

Scenario: A property dispute between Mr. Sharma and Mr. Verma.

Facts:

  • Mr. Sharma claims ownership of a piece of land and sues Mr. Verma for illegal occupation.
  • Mr. Sharma discloses documents including the property deed, tax receipts, and a survey report.
  • Mr. Verma inspects these documents.

Application of Rule 4:

  1. Submission of Statement:

    • Within fifteen days of completing the inspection, Mr. Verma must submit a statement admitting or denying the documents disclosed by Mr. Sharma.
  2. Explicit Admissions or Denials:

    • Mr. Verma must explicitly state whether he admits or denies:
      • The correctness of the contents of the property deed.
      • The existence of the tax receipts.
      • The execution of the survey report.
      • The issuance and receipt of the tax receipts.
      • The custody of the property deed.
  3. Reasons for Denial:

    • If Mr. Verma denies any document, he must provide reasons. For example, if he denies the execution of the survey report, he might state that the survey was conducted without proper authorization.
  4. Affidavit:

    • Mr. Verma must file an affidavit supporting the statement of admissions and denials, confirming the correctness of the statement.
  5. Court's Discretion:

    • If Mr. Verma unduly refuses to admit a document without valid reasons, the court may impose costs on Mr. Verma for deciding on the admissibility of the document.
  6. Orders on Admitted Documents:

    • The court may pass orders regarding the admitted documents, such as waiving the need for further proof of the property deed.
Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link