Rule 8 of CPC : Rule 8: Notice to produce documents.

Explanation using Example

Example 1:

Scenario: Rajesh is involved in a civil lawsuit against his former business partner, Suresh, over a breach of contract. Rajesh believes that certain emails and financial documents in Suresh's possession are crucial to proving his case.

Application of Rule 8: Rajesh's lawyer sends a "Notice to Produce Documents" to Suresh, requesting the production of specific emails and financial records. The notice is in Form No. 12 as prescribed in Appendix C of the Code of Civil Procedure, 1908. Rajesh's lawyer's clerk serves the notice to Suresh and makes an affidavit stating the date and time of service, attaching a copy of the notice.

Outcome: If Suresh fails to produce the requested documents, Rajesh can present the affidavit of service as evidence in court to show that Suresh was duly notified and failed to comply. This can strengthen Rajesh's case and may lead to adverse inferences against Suresh.

Example 2:

Scenario: Priya is suing a construction company for poor workmanship on her new house. She needs the original blueprints and project plans that the construction company used to prove her claims.

Application of Rule 8: Priya's lawyer issues a "Notice to Produce Documents" to the construction company, requesting the original blueprints and project plans. The notice is drafted in Form No. 12, with necessary variations to fit the specific circumstances of the case. The lawyer's clerk serves the notice to the construction company's legal representative and files an affidavit detailing the service of the notice, including the date and time.

Outcome: If the construction company does not produce the requested documents, Priya's lawyer can use the affidavit of service as evidence in court. This can help Priya demonstrate that the construction company was given a fair opportunity to produce the documents and failed to do so, potentially leading to a favorable judgment for Priya.