Order 13 rule 10
rathod murtza
(Querist) 08 May 2024
This query is : Resolved
I firstly applied to bhuj area development authority for give certified copies of document under their power but authority refused to it . so there no options then I apply application under order 13 rule 10 CPC for summons the Bhuj area development authority for production of documents. But civil judge rejects it on ground that it is your problems to receive certified copies from authority , if authority refused it give then it also your problem. How can filed that document. Can I apply miscellaneous appeal?
T. Kalaiselvan, Advocate
(Expert) 08 May 2024
Order XIII Rule 10 of the CPC allows parties to a suit to apply for summoning, by a court, either from its own record or from any other Court, the record of any other suit or proceeding, and inspect the same.
This provision may not be applicable to procure the documents from a government authority.
Besides the Bhuj development authority is not a party to this suit, hence you cannot seek direction of court to direct them to produce the documents which are not pleaded in your plaint.
Instead you may obtain the document, by submitting an application under RTI act directly from the information.
Your proposal to file a CMA before high court may not be entertained by high court due to its non maintainability
rathod murtza
(Querist) 09 May 2024
I already pleaded the relevant documents in plaint and also uncertified copy documents presented with annexure. But Bhuj area development authority refused documents under RTI also before apply application for certified copy
P. Venu
(Expert) 09 May 2024
Have you filed a suit against the said authority? What is the cause of action? What are reliefs sought?
Moreover, if at all a suit is pending, how could the provisions of Rule 10, Order 13 be relevant in summoning the documents from Bhuj Area Development Authority? The said Rule states as follows -
"10. Court may send for papers from its own records or from other Courts.
(1) The Court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records or from any other suit or proceedings, and inspect the same.
(2) Every application made under this rule (unless the Court otherwise directs) be supported by an affidavit showing how the record is material to the suit in which the application is made, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of the record or of such portion thereof as the applicant requires, or that the production of the original is necessary for the purposes of justice.
(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any document which under the law of evidence would be inadmissible in the suit."
T. Kalaiselvan, Advocate
(Expert) 09 May 2024
If the case is agaisnt the Bhuj development authority then you can very well request the court to direct the authority to produce relevant papers pertaining to the case before court.
If it is not a party to the suit then the other option is to obtain through RTI act.
If they refused to provide the information as sought, then you can very well prefer an appeal against the IO's decision.
It appear that you are acting on some misguidance hence you are not able to properly approach to the issue.
You may better consult an experienced lawyer either over phone or in person and get the issues clarified to proceed further
