Rule 4 of CPC : Rule 4: Admission and denial of documents.
CPC
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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:
-
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.
-
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.
- Company B must explicitly state whether it admits or denies:
-
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.
-
Affidavit:
- Company B must file an affidavit supporting the statement of admissions and denials, confirming the correctness of the statement.
-
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.
-
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:
-
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.
-
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.
- Mr. Verma must explicitly state whether he admits or denies:
-
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.
-
Affidavit:
- Mr. Verma must file an affidavit supporting the statement of admissions and denials, confirming the correctness of the statement.
-
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.
-
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.
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