ash83 (.) 19 December 2023

Additional documents by plaintiff before framing of issues

Dear all,

I have instituted a civil OS Suit land declaration, injunction, possession. the case is posted for arguments on IA for injunction and issues are not framed and written statements are completed by defendants.

1. I am the plaintiff, Can I submit additional documents now which were not available with me during filing of plaint under what provisions please.

2. Any citations of jurdgements which will allow me to refer please which will allow filing of documents now

3. Can I submit documents not pleaded in plaint.

4. Can order 11 ( rule 1 and 14) interrogoratives and production of documents be issued upon defendants before arguments are done on IA please?.

Thank you all your help.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 19 December 2023

As per Order 14 Rule 1, issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. The issues are framed on the material proposition, denied by another party.

Order XI Rule 14 – Production of documents • “It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.”

Your question is about producing your side additional documents.

You can file a petition to receive additional documents with an affidavit mentioning the reasons for filing them now.

If the said additional documents are irrelevant to the pleadings made in the plaint, you may even file an amendment petition to include additional pleadings by amending the plaintto enable you to accommodate the additional documents.

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Advocate Bhartesh goyal (advocate) 19 December 2023

You can submit additional documents under order 7 rule 14 (3) cpc which you could not file with plaint due to non availability then,with leave of court .Generally court takes such documents on record which have relevance and are essential for just and proper decision of case.