NITHAYAPRATAB (NIL) 15 May 2013

Is enclosures to plaint necessary served to defendant

I, as a defendant in a civil suite, received copies of Plaint both from the High Court and from the Plaintiff's counsel. But in both Plaints, copies of documents referred to in the Plaint are not enclosed. Is it not mandatory to enclose copies of documents referred to in the Plaint to be enclosed when served to the Defendant? If not, how do I get the copies. Only with these copies I can have a meanigful reading and understanding of the Plaint.

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3 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 15 May 2013

In the above mentined case one should mention the same to High court during hearing when matter is called out . To servwe anothe opy otr to hand over another set of copy.

Adv. NIKHIL SETH

Mumbai

Advocate Bhartesh goyal (advocate) 15 May 2013

Raise the objection on first hearing of case in court that copy of documents referred in plaint has not been delivered to you whereas it i is mandatory u/order 7 rule 14[1] of cpc.

[14. Production of document on which plaintiff sues or relies

(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.