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Haji Mahomed Abdul Aziz Badsha Sahib and ors. Vs. Subba Naidu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad490
AppellantHaji Mahomed Abdul Aziz Badsha Sahib and ors.
RespondentSubba Naidu
Excerpt:
civil procedure code - act xiv of 1882, sections 59, 140--high court rules, nos. 39, 48, 44 and 47. - .....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 under section 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.
Judgment:

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 Civil Procedure Code 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 under Section 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.


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