Procedure to be followed to comply order under o11 rule 12
tej
(Querist) 20 February 2019
This query is : Resolved
Respected experts,
I have following query
1.Hon'ble Court has passed order on application below O11 Rule 12,14and16 ,directing the party to produce originals of the documents in their custody on or before next date of hearing.
2.Whether it is binding on party to file affidavit to comply the order as per O11 rule 13 at time of complying the order
3.What procedure will be mandatory to be followed if party fails to adhere the time limit to comply the order on or before next date of hearing? is it necessary to seek leave of Hon'ble Court after lapse of time limit mentioned in the order?
4.Whether party can comply the order only by filing pursis along with list in compliance of the order of Hon'ble Court after lapse of time limit?
5.What actions can be initiated on failure to comply order of Hon'ble Court passed directing party to produce originals Is it necessary to file application for penal actions for failure to comply?
Thanks in advance
mubashar-us-saqib gill
(Expert) 21 February 2019
You May challange the order of the court before the higher forum which is reviseable on the grounds available to you within time limitation (90 days).
Dr J C Vashista
(Expert) 22 February 2019
Q 1 It is your statement only, no query is posted
Q 2 Yes, it becomes duty of parties to file the documents
Q 3 Generally it is expected to adhere to time allowed.
Q 4 Vague question
Q 5 The Court shall pass order/ judgment on the basis of records available on judicial file.
Prima facie it is a question paper.
tej
(Querist) 22 February 2019
sir,it is not question paper but my query
please take note1. notice is given to party under o11 r12,14,16
Hon'ble court has passed the order to party on basis of this notice to party ,to produce on record of court originals in his custody on or before next date ,
On the next date fixed for hearing is it binding on party to produce documents in his custody on court record. whether O 11 R13 is to be followed by party for its compliance while production of originals
3.what procedure is required to be followed by party if he misses the date fixed for compliance
Dr J C Vashista
(Expert) 23 February 2019
The Code of Civil Procedure, 1908 is compulsory and not mandatory.
Dr J C Vashista
(Expert) 23 February 2019
The Court has no power to ask for or direct any one to produce a particular document, which is requirement of either of the parties to prove or disprove his case.
Dr J C Vashista
(Expert) 23 February 2019
The Court shall proceed as per records available on judicial file.
tej
(Querist) 23 February 2019
in that case whether Court on application to , can call affidavit on documents from party holding the custody of those documents?
