Rule 15 of CPC : Rule 15: Inspection of documents referred to in pleading or affidavits.
CPC
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Explanation using Example
Example 1:
Scenario: A property dispute between two neighbors, Mr. Sharma and Mr. Verma.
Details:
- Mr. Sharma files a suit claiming that a piece of land belongs to him.
- In his pleadings, Mr. Sharma refers to a sale deed from 1995 as evidence of his ownership.
- Mr. Verma, the defendant, wants to inspect this sale deed to verify its authenticity.
Application of Rule 15:
- Mr. Verma sends a notice to Mr. Sharma requesting to inspect the sale deed mentioned in Mr. Sharma's pleadings.
- Mr. Sharma is obligated to produce the sale deed for Mr. Verma's inspection and allow him to take copies.
- If Mr. Sharma fails to comply with the notice, he cannot later use the sale deed as evidence in court unless he provides a satisfactory reason for not complying.
Example 2:
Scenario: A breach of contract case between a supplier, ABC Pvt. Ltd., and a retailer, XYZ Stores.
Details:
- ABC Pvt. Ltd. files a suit against XYZ Stores for non-payment of goods delivered.
- In the affidavit, ABC Pvt. Ltd. refers to several invoices and delivery receipts as proof of delivery and payment due.
- XYZ Stores wants to inspect these documents to prepare their defense.
Application of Rule 15:
- XYZ Stores sends a notice to ABC Pvt. Ltd. requesting to inspect the invoices and delivery receipts mentioned in the affidavit.
- ABC Pvt. Ltd. must produce these documents for inspection and allow XYZ Stores to take copies.
- If ABC Pvt. Ltd. does not comply with the notice, they cannot use these documents as evidence unless they provide a valid reason for non-compliance that the court accepts.
Example 3:
Scenario: A family inheritance dispute over a will.
Details:
- Ms. Kapoor files a suit claiming her right to a share in her late father's property.
- In her pleadings, she refers to a will that allegedly grants her the property.
- Her brother, Mr. Kapoor, who is contesting the will, wants to inspect the document to challenge its validity.
Application of Rule 15:
- Mr. Kapoor sends a notice to Ms. Kapoor requesting to inspect the will mentioned in her pleadings.
- Ms. Kapoor must produce the will for Mr. Kapoor's inspection and allow him to take copies.
- If Ms. Kapoor fails to comply with the notice, she cannot use the will as evidence unless she provides a satisfactory reason for not complying, which the court accepts.
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