Rule 5 of CPC : Rule 5: Production of documents.

Explanation using Example

Example 1:

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

Details:

• Company A files a suit against Company B in the Commercial Division of a High Court, alleging breach of contract.
• During the proceedings, Company A believes that Company B has certain emails and internal documents that are crucial to proving the breach.
• Company A requests the Court to order Company B to produce these documents.

Application of Rule 5:

1. Request for Production: Company A files an application under Rule 5(1) seeking the production of specific emails and internal documents from Company B.
2. Court Order: The Court, considering the relevance of the documents, orders Company B to produce the requested documents.
3. Notice Issuance: A notice is issued to Company B in the form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908, giving them 10 days to produce the documents.
4. Compliance: Company B produces the documents within the stipulated time.
5. Non-Compliance: If Company B fails to produce the documents without a valid reason, the Court may draw an adverse inference against Company B and may also order them to bear the costs of the application.

Example 2:

Scenario: A property dispute between two individuals, Mr. Sharma and Mr. Verma.

Details:

• Mr. Sharma files a suit against Mr. Verma, claiming ownership of a piece of land.
• Mr. Verma claims that he has a sale deed proving his ownership, but Mr. Sharma believes that the sale deed is forged.
• Mr. Sharma requests the Court to order Mr. Verma to produce the original sale deed and related documents.

Application of Rule 5:

1. Request for Production: Mr. Sharma files an application under Rule 5(1) seeking the production of the original sale deed and related documents from Mr. Verma.
2. Court Order: The Court, considering the importance of the documents to the case, orders Mr. Verma to produce the original sale deed and related documents.
3. Notice Issuance: A notice is issued to Mr. Verma in the form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908, giving him 7 days to produce the documents.
4. Compliance: Mr. Verma produces the original sale deed and related documents within the stipulated time.
5. Non-Compliance: If Mr. Verma fails to produce the documents without a valid reason, the Court may draw an adverse inference against Mr. Verma, potentially weakening his case, and may also order him to bear the costs of the application.