Code of Civil Procedure, 1908 | Order V

Order V Rule 7 CPC - Summons to Produce Documents Relied on by Defendant

Order V Rule 7 of the Code of Civil Procedure, 1908 requires a summons to direct the defendant to produce documents or copies covered by Order VIII Rule 1A that are in the defendant's possession or power and relied upon for the defence.

Text of Order V Rule 7 CPC

The statutory text above is presented without editorial amendment markers. See the official Code of Civil Procedure, 1908 (India Code PDF) for the legislative text and amendment notes.

Meaning and purpose of Order 5 Rule 7

The rule connects the summons served on a defendant with the disclosure of documentary evidence. It informs the defendant that appearing to answer the suit also entails producing documents or copies relied upon in support of the defence, subject to the detailed requirements of Order VIII Rule 1A.

Possession or power refers to documents held by the defendant or within the defendant's ability to produce. Documents relied upon are those used to support the defendant's case, including a defence, set-off or counter-claim as applicable under Order VIII Rule 1A.

Order VIII Rule 1A - Duty to produce documents

Order VIII Rule 1A sets out the defendant's corresponding disclosure duties:

• Rule 1A(1): List the documents forming the basis of the defence or relied upon for a defence, set-off or counter-claim; produce them when presenting the written statement and deliver the document and a copy for filing.
• Rule 1A(2): Where a relied-upon document is not in the defendant's possession or power, state, wherever possible, who possesses or controls it.
• Rule 1A(3): A document that should have been produced but was omitted generally cannot be received in evidence for the defendant at the hearing without the court's leave.
• Rule 1A(4): The rule does not apply to documents produced for cross-examining the plaintiff's witnesses or handed to a witness merely to refresh memory.

The summons under Order V Rule 7 and the document-filing obligation under Order VIII Rule 1A should be read together. In particular, Order V Rule 7 does not dispense with the requirement to file documents with the written statement where Rule 1A applies.

Practical implications for defendants

• Read the summons and accompanying plaint carefully, and identify the date and directions for appearance and filing.
• Prepare a list of documents relied upon, such as agreements, invoices, correspondence, receipts or other relevant records.
• Produce the relevant documents and copies in accordance with Order VIII Rule 1A and applicable court directions.
• Identify relied-upon documents held by another person where possible.
• Seek the court's leave where a document required to be filed earlier is subsequently offered in evidence.

Rules and filing procedures may differ in commercial disputes and under applicable High Court rules or local amendments. For commercial disputes of specified value, the amended CPC framework under the Commercial Courts Act, 2015 includes additional disclosure requirements. The applicable procedural regime should therefore be checked before filing.

Related CPC provisions

Order V Rule 1: Issue of summons and the defendant's response. Order V Rule 2: Copy of the plaint annexed to the summons. Order V Rule 6: Fixing the date for the defendant's appearance. Order V Rule 8: Direction to produce witnesses where summons is for final disposal. Order VIII Rule 1A: Duty to disclose and produce documents relied upon by the defendant.

Frequently asked questions

Does Order V Rule 7 require every document in the defendant's possession?

No. The rule concerns documents or copies specified in Order VIII Rule 1A on which the defendant intends to rely. Broader disclosure obligations may apply in particular proceedings, including commercial suits.

Can a defendant produce documents after filing the written statement?

Where Order VIII Rule 1A required earlier production, an omitted document generally requires the court's leave before it can be received in evidence on the defendant's behalf, subject to the statutory exceptions.

What if the defendant does not possess a relied-upon document?

Order VIII Rule 1A(2) requires the defendant, wherever possible, to identify the person in whose possession or power that document is held.

Official legal sources

Code of Civil Procedure, 1908 - India Code (official PDF) and India Code official legislation portal.

This article is general legal information. Court rules, statutory amendments and case-specific directions may affect the procedure.