Order VII Rule 17 CPC: Production of Shop-Books
Order VII Rule 17 of the Code of Civil Procedure, 1908 explains what a plaintiff must do when a civil suit is founded on an entry in a shop-book or another account. It requires production of the account book and a copy of the relied-upon entry, while providing for the original book to be returned after verification.
Order VII Rule 17 CPC - Statutory text
The rule is titled "Production of shop-book" and has two sub-rules:
(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.
(2) Original entry to be marked and returned. The Court or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.
Meaning and purpose of Rule 17
A plaint is the written statement of claim by which a civil suit is instituted. A shop-book is a book or record in which a trader or business records transactions; the expression in Rule 17 also extends to another account under the plaintiff's possession or power. The rule is directed to a suit founded upon an entry in such an account.
The provision permits the court to inspect the original entry at the outset, while allowing the business to recover its account book after the entry is identified and a faithful copy is filed. It does not, by itself, establish that the transaction or debt is genuine.
Procedure for producing an account book
- Identify the relied-upon entry: Specify the transaction or account entry on which the claim is founded.
- Produce the original: When presenting the plaint, bring the shop-book or other account that is in the plaintiff's possession or power.
- Supply a copy: Provide a copy of the relevant entry along with the book or account.
- Verification: The court or its appointed officer marks the original for identification and examines and compares the copy against it.
- Certification and return: If the copy is accurate, the officer certifies it, returns the original book and causes the certified copy to be filed.
For example, if a supplier files a suit for unpaid invoices based on a ledger entry, the supplier may need to present the ledger and a copy of that entry at the time of filing. Whether the debt is proved will depend on the admissible evidence considered as a whole.
Related provisions and evidentiary value
Order VII Rule 14 CPC - Documents relied on by the plaintiff
Order VII Rule 14 sets out the general obligation to list and produce documents on which the plaintiff sues or relies. Rule 17 supplies a specific procedure where the claim is founded on an entry in a shop-book or another account.
Section 28 of the Bharatiya Sakshya Adhiniyam, 2023
Section 28 addresses entries in books of account, including those maintained in electronic form, regularly kept in the course of business. Such entries are relevant when they refer to a matter into which the court has to inquire, but the entries alone are not sufficient evidence to charge a person with liability. Additional supporting evidence may therefore be necessary. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, subject to its statutory saving for pending proceedings.
Bankers' Books Evidence Act, 1891
Rule 17(1) expressly preserves the operation of the Bankers' Books Evidence Act, 1891. That legislation provides a special framework for certified copies of entries in bankers' books, including provisions relevant to electronic records. Bank records should be considered under that framework rather than assuming the original bank books must always be produced.
Electronic accounts and proof
When entries exist in accounting software or electronic ledgers, applicable rules on electronic evidence and authentication must also be considered. The procedural duty under Rule 17 and the admissibility or weight of the evidence are separate questions.
Practical considerations
- Preserve the original book or electronic record and avoid altering the relevant entry.
- Ensure the copy corresponds precisely to the relied-upon transaction.
- Keep supporting invoices, receipts, contracts and correspondence where available.
- Check the applicable commercial-court procedures and any local court rules, where relevant.
Frequently asked questions
What is a shop-book under Order VII Rule 17?
A shop-book is a business account book containing entries of transactions. The rule also covers another account in the plaintiff's possession or power when the suit is founded on an entry in it.
Must the original account book remain in court?
Ordinarily no. The court or its appointed officer identifies the original entry, compares the copy, certifies it if correct, returns the book and files the copy.
Does an account entry alone prove a debt?
No. Under Section 28 of the Bharatiya Sakshya Adhiniyam, 2023, relevant entries in regularly kept books of account, including electronic records, cannot alone be sufficient evidence to charge a person with liability.
Does the rule apply to bank records?
Order VII Rule 17 expressly operates subject to the Bankers' Books Evidence Act, 1891. Certified copies of bank entries are governed by that Act.
Official legal references
For authoritative statutory materials, consult the India Code portal (Government of India) for the Code of Civil Procedure, 1908; the Bharatiya Sakshya Adhiniyam, 2023; and the Bankers' Books Evidence Act, 1891. The applicable text should be read with amendments and relevant local rules.