Order XII Rule 8 CPC - Notice to Produce Documents

Order XII Rule 8 of the Code of Civil Procedure, 1908 prescribes the form of a notice to produce documents and the manner in which service of that notice may be proved in a civil suit.

Text of Order XII Rule 8 CPC

Meaning and scope of Rule 8

A notice to produce documents is a formal request calling upon another party to produce specified documents for use in the proceedings. Rule 8 concerns the prescribed form of that notice and the proof of its service. It does not, by itself, determine whether a document is admissible or compel production in every circumstance.

Form No. 12 in Appendix C

The notice should follow Form No. 12 of Appendix C to the CPC, subject to variations required by the circumstances of the case. The documents sought should be identified clearly so that the recipient understands what is to be produced.

Affidavit proving service

Where proof of service is required, an affidavit by the pleader (advocate) or the pleader's clerk, stating that the notice was served and when it was served, together with a copy of the notice, is sufficient evidence of those matters under Rule 8. This evidentiary rule relates to service of the notice, not proof of the contents or authenticity of the requested documents.

Practical steps when issuing a notice

1. Identify the documents sought and their relevance to the pending civil suit.
2. Prepare the notice substantially in the form prescribed by Appendix C, Form No. 12.
3. Serve the notice by an appropriate method and preserve the record of service.
4. Where necessary, submit the affidavit of the pleader or clerk with a copy of the notice, specifying the time of service.
5. If documents are not produced, consider the procedural remedies available under the CPC and applicable evidence law, depending on the facts.

Related legal provisions

Order XI CPC: Governs discovery, inspection and production of documents, subject to the applicable rules and special procedures, including those for commercial disputes.

Order XII CPC: Deals with admissions. Rules 1 to 7 address admissions and related notices, while Rule 8 deals with notice to produce documents and Rule 9 with costs.

Section 30 CPC: Recognises the court's power, subject to prescribed conditions and limitations, to make orders relating to discovery, inspection, production and other procedural matters.

Bharatiya Sakshya Adhiniyam, 2023: The law governing evidence in proceedings to which it applies contains provisions concerning documentary evidence and notice to produce. The effect of non-production depends on the applicable evidentiary rules and circumstances; Rule 8 is not an automatic presumption of liability.

Frequently asked questions

Is Form No. 12 compulsory?

Rule 8 specifies Form No. 12 in Appendix C, but expressly allows variations according to the circumstances.

Who can prove service of a notice to produce?

The pleader or the pleader's clerk may provide the affidavit described in Rule 8, accompanied by a copy of the notice.

Does a notice under Rule 8 automatically compel production?

No. Rule 8 specifies the notice format and proof of service. Other provisions and court directions may be relevant to securing production or addressing non-compliance.

Official legal resources

For the authoritative statutory text and amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908, including the First Schedule, Order XII and Appendix C. For applicable procedural rules and decisions, consult the relevant court's official website and the Supreme Court of India.

This article explains the central CPC provision generally. State amendments, High Court rules and special procedures may affect its application in a particular case.