High CourtsSingle Bench(1897) 11 MAD CK 0004

Haji Mahomed Abdul Aziz Badsha Sahib and Others vs Subba Naidu

Madras High Court · Decided on 26 November 1897 · Citation: (1898) ILR (Mad) 490

HON’BLE JUDGES
Boddam, J

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Judgment

8 paragraphs · 196 words
1.

Section 59 [If a plaintiff sue upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at

the same time deliver the document or a copy thereof to be filed with the plaint. If he realy on any other documents (whether in his possession or

power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint.] of the CPC

contemplates the production and deposit with the plaint of documents sued on, and which therefore form part of the plaint. They have to be

marked under rule No. 39 of the High Court Rules and should be considered as ""annexed thereto as exhibits"" within rule No. 47 of the High Court

Rules and may be furnished to a defendant under rule No. 44, High Court Rules. Rules Nos. 43 and 47 are intended to apply to documents

deposited u/s 140, Civil Procedure Code, and inspection of these should not be allowed until they are offered and received in evidence. Let the

defendant have a copy of the document in question.