Rule 10 of CPC : Rule 10: Court may sent for papers from its own records or from other Courts.

Explanation using Example

Example 1:

Scenario: A property dispute case in a Delhi Civil Court.

Details: Mr. Sharma and Mr. Verma are involved in a property dispute over a piece of land. Mr. Sharma claims that he has already won a similar case involving the same piece of land in a different court in Mumbai.

Application of Rule 10:

1. Court's Motion: The Delhi Civil Court, on its own motion, decides to send for the records of the previous case from the Mumbai Court to verify Mr. Sharma's claim.
2. Party's Application: Alternatively, Mr. Sharma files an application requesting the Delhi Civil Court to obtain the records from the Mumbai Court. He supports his application with an affidavit stating that the records are crucial to prove his ownership and that obtaining a certified copy would cause unreasonable delay and expense.

Outcome: The Delhi Civil Court receives the records from the Mumbai Court, inspects them, and uses the information to make an informed decision in the current property dispute.

Example 2:

Scenario: A breach of contract case in a Bangalore Civil Court.

Details: Ms. Rao is suing a company for breach of contract. She claims that the company has a history of similar breaches and refers to a previous case in a Chennai Court where the company was found guilty of breaching a contract with another party.

Application of Rule 10:

1. Court's Motion: The Bangalore Civil Court, on its own motion, decides to send for the records of the previous case from the Chennai Court to examine the company's history of contract breaches.
2. Party's Application: Ms. Rao files an application requesting the Bangalore Civil Court to obtain the records from the Chennai Court. She supports her application with an affidavit explaining that the records are essential to establish a pattern of behavior by the company and that obtaining a certified copy would be time-consuming and costly.

Outcome: The Bangalore Civil Court receives the records from the Chennai Court, inspects them, and considers the company's past behavior in its judgment on the current breach of contract case.

Example 3:

Scenario: A family inheritance dispute in a Kolkata Civil Court.

Details: Siblings are disputing the inheritance of their late father's estate. One sibling, Mr. Gupta, claims that their father had previously filed a will in a different case in a Patna Court, which supports his claim to the estate.

Application of Rule 10:

1. Court's Motion: The Kolkata Civil Court, on its own motion, decides to send for the records of the previous case from the Patna Court to verify the existence and contents of the will.
2. Party's Application: Mr. Gupta files an application requesting the Kolkata Civil Court to obtain the records from the Patna Court. He supports his application with an affidavit stating that the will is crucial to the inheritance dispute and that obtaining a certified copy would cause unreasonable delay and expense.

Outcome: The Kolkata Civil Court receives the records from the Patna Court, inspects them, and uses the information to make an informed decision regarding the inheritance dispute.

Example 4:

Scenario: A fraud case in a Hyderabad Civil Court.

Details: Mr. Khan is accused of committing fraud in a business transaction. He claims that he was previously acquitted of a similar fraud charge in a Pune Court, and the records of that case would prove his innocence.

Application of Rule 10:

1. Court's Motion: The Hyderabad Civil Court, on its own motion, decides to send for the records of the previous case from the Pune Court to verify Mr. Khan's claim of acquittal.
2. Party's Application: Mr. Khan files an application requesting the Hyderabad Civil Court to obtain the records from the Pune Court. He supports his application with an affidavit explaining that the records are essential to prove his innocence and that obtaining a certified copy would be time-consuming and costly.

Outcome: The Hyderabad Civil Court receives the records from the Pune Court, inspects them, and considers the previous acquittal in its judgment on the current fraud case.