Order VII Rule 14 CPC - Production of Documents on Which Plaintiff Sues or Relies

Order VII Rule 14 CPC: statutory provision

Rule 14(1): Documents relied upon by the plaintiff

Where a plaintiff sues upon a document or relies upon a document in the plaintiff's possession or power in support of the claim, the plaintiff must enter the document in a list, produce it in court when presenting the plaint, and at the same time deliver the document and a copy to be filed with the plaint.

Rule 14(2): Documents held by another person

If a relevant document is not in the plaintiff's possession or power, the plaintiff must, wherever possible, state in whose possession or power it is.

Rule 14(3): Late production requires leave

A document that should have been produced or listed with the plaint but was omitted cannot be received in evidence on the plaintiff's behalf at the hearing without the leave of the court. This is not an absolute prohibition: the court may grant leave after considering the explanation, relevance, stage of proceedings and fairness to the opposing party.

Rule 14(4): Limited exceptions

The rule does not apply to documents produced for cross-examination of the plaintiff's witnesses or handed to a witness merely to refresh memory. These exceptions do not dispense with other applicable rules of evidence and procedure.

What does Order 7 Rule 14 mean?

A plaint is the pleading by which a civil suit is instituted. A document relied upon is a record used to establish facts supporting the plaintiff's claim. Possession or power includes documents the plaintiff holds or can control or obtain. Leave of court means judicial permission, not an automatic right, to produce an omitted document later.

For example, a plaintiff suing for payment under a written contract should ordinarily list and produce the contract, relevant invoices and payment records available to the plaintiff when filing the plaint. If an important record is held by a bank or the defendant, the plaint's document list should identify its custodian wherever possible.

Practical requirements when filing a civil suit

1. Prepare a clear list of the documents supporting each material claim.
2. Produce the available documents and file copies with the plaint, subject to applicable filing rules.
3. Identify documents in the custody or control of another person where possible.
4. If a document was omitted, apply for leave under Rule 14(3), explaining the omission and why later production is justified.
5. Comply with applicable requirements concerning originals, admissibility, electronic records, proof and local court rules.

Important: Filing a document does not by itself prove its contents or make it admissible. Questions of proof and admissibility are determined separately under the applicable evidence law. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, subject to its savings provisions for pending proceedings.

Related provisions and legal consequences

Order VII Rule 11 concerns rejection of plaint on specified grounds; a mere omission to file a particular document under Rule 14 does not automatically establish every requirement for rejection under Rule 11. Order VII Rule 9 addresses procedure on admission of the plaint. Order XIII Rule 1 concerns production of original documents at or before settlement of issues, subject to the rule's terms. Order XI may also be relevant to discovery and disclosure, including special rules for commercial disputes.

In commercial disputes of specified value, the disclosure regime under Order XI as amended by the Commercial Courts Act, 2015 requires separate attention; general Order VII Rule 14 guidance should not be treated as a substitute for those requirements.

Frequently asked questions

Can the plaintiff submit a document after filing the plaint?

Yes, but if Rule 14(3) applies, the plaintiff must obtain the court's leave before the omitted document can be received in evidence on the plaintiff's behalf at the hearing.

Does failure to file a document automatically result in rejection of the plaint?

No. Rejection is governed by the grounds prescribed under Order VII Rule 11. Failure to comply with Rule 14 may have evidentiary or procedural consequences, depending on the circumstances.

Must a plaintiff list a document held by the defendant?

Where the plaintiff relies on it and it is not in the plaintiff's possession or power, Rule 14(2) requires identifying its holder wherever possible.

Official legal sources

Consult the Code of Civil Procedure, 1908 on India Code, the India Code legislation portal, and the Bharatiya Sakshya Adhiniyam, 2023 for the statutory text and updates. Check applicable state amendments and court rules for the court concerned.