A plaint is the pleading of the plaintiff on which a a suit is filed. In order to substantiate the allegations and claims in the plaint there may be need of some documents. These documents will help the plaintiff for a fair chance of success in the suit. There are something which are undisputed by anyone regarding which non-production of documents will not turn out to be fatal. But failure to produce documents which are necessary will be fatal to the case of the plaintiff.
The rule with regard to production of documents along with the plaint is mentioned in Order 7 Rule 14 of the Code of Civil Procedure. Sub-Rule 1 of Rule 14 says that if the plaintiff sues upon a document or relies upon a document in his possession or power for supporting his claims, he shall enlist such documents and produce along with the plaint when it is presented. Moreover, these documents has to be filed in the court along with copy.
If the documents are not filed by the plaintiff along with the suit , he will be precluded from filing the same at any later stage. However these can be filed at a later stage with the leave of the Court.[Order 7 Rule 14(3)]
But there is a provision to help the plaintiff in case the documents which are very important for supporting his claim is not within his possession. Sub-Rule 2 says that the plaintiff can state such documents in the plaint and wherever possible it shall be stated in whose possession or power those documents are.
In certain cases, especially in the case of Banks as plaintiffs, only certified copy of documents need to be filed at the time of presentation. The original documents can be produced later. Documents filed along with the plaint are treated as part of the pleadings.
In Civil Rules Of Practice in Rule 16(1) it is stated that every plaint or other proceeding shall at the foot thereof, contain a list of documents signed by the party or his pleader.

Post a Comment

Do not use abusive language