Rule 10 of CPC : Rule 10: Court may sent for papers from its own records or from other Courts.
CPC
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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:
- 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.
- 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:
- 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.
- Party's Application: Ms. Rao files an application requesting the Bangalore Civil Cou...
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