Rule 19 of CPC : Rule 19: Verified copies.
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 business dispute between two companies, ABC Pvt. Ltd. and XYZ Pvt. Ltd., over a contract breach.
Situation: ABC Pvt. Ltd. has filed a lawsuit against XYZ Pvt. Ltd. claiming that XYZ breached the contract by not delivering goods on time. ABC Pvt. Ltd. requests the court to inspect XYZ's business books to verify the delivery schedules and payments.
Application of Rule 19:
- Inspection of Business Books: ABC Pvt. Ltd. applies for inspection of XYZ's business books.
- Court's Decision: The court decides that instead of inspecting the original books, XYZ Pvt. Ltd. should provide a verified copy of the relevant entries. XYZ's accountant examines the original entries and prepares a copy, verifying it with an affidavit stating there are no erasures or alterations.
- Further Inspection: Despite the verified copy, ABC Pvt. Ltd. suspects discrepancies and requests the court to inspect the original books. The court orders the inspection of the original books to ensure transparency.
Example 2:
Scenario: A property dispute between two siblings, Ravi and Sita, over the ownership of ancestral land.
Situation: Ravi claims that Sita has altered the original property documents to exclude him from ownership. Ravi requests the court to inspect the original property documents held by Sita.
Application of Rule 19:
- Claim of Privilege: Sita claims privilege over the original property documents, stating they contain sensitive family information.
- Court's Inspection: The court decides to inspect the documents to determine the validity of Sita's claim of privilege. Upon inspection, the court finds that the documents do not relate to matters of State and orders Sita to provide a verified copy of the entries.
- Affidavit Requirement: The court also orders Sita to submit an affidavit stating whether the original documents have any erasures, interlineations, or alterations.
- Specific Document Inquiry: Ravi believes Sita has other documents related to the property. He applies to the court, stating his belief that Sita has these documents. The court orders Sita to state by affidavit whether she has or had these documents, when she parted with them, and what has become of them.
Example 3:
Scenario: A financial dispute between a lender, Mr. Sharma, and a borrower, Mr. Verma, over a loan agreement.
Situation: Mr. Sharma claims that Mr. Verma has not repaid the loan as per the agreement. Mr. Verma disputes the claim, stating he has made all payments.
Application of Rule 19:
- Inspection of Financial Records: Mr. Sharma requests the court to inspect Mr. Verma's financial records to verify the payments.
- Court's Decision: The court orders Mr. Verma to provide a verified copy of his bank statements showing the loan repayments. Mr. Verma's bank manager prepares the copies and verifies them with an affidavit, stating there are no erasures or alterations.
- Further Inquiry: Mr. Sharma suspects that Mr. Verma has other financial documents proving the repayments. He applies to the court, stating his belief that Mr. Verma has these documents. The court orders Mr. Verma to state by affidavit whether he has or had these documents, when he parted with them, and what has become of them.