Order XII Rule 9 CPC - Costs of Unnecessary Notices

Order XII Rule 9 of the Code of Civil Procedure, 1908 addresses who must bear the costs when a notice to admit or produce documents includes documents that are unnecessary.

Text of Order XII Rule 9 - Costs

Meaning and scope of Rule 9

Order XII deals with admissions in civil proceedings. Rule 9 places the expense caused by an unnecessary notice on the party who issued it. It discourages litigants from imposing avoidable procedural work and expense on the opposing party.

The expression "notice to admit or produce" refers to a procedural notice seeking admission of documents or requiring their production. The phrase "costs occasioned thereby" means costs attributable to the unnecessary documents identified in that notice, rather than automatically every expense of the suit.

When does Order XII Rule 9 apply?

• A party serves a notice to admit documents or to produce documents.
• The notice specifies documents that are not necessary for the proceeding.
• The unnecessary specification causes costs to be incurred.
• The party giving the notice bears those resulting costs under Rule 9.

Whether a particular document is unnecessary and what costs were caused by its inclusion depend on the circumstances and the court's assessment. The rule does not prohibit a legitimate notice relating to relevant documents.

Related provisions of the CPC

Order XII Rule 2 deals with notice to admit documents. Order XII Rule 8 prescribes the form of notice to produce documents and proof of service. Order XII Rule 6 addresses judgment on admissions.

Section 35 CPC concerns the general power of courts to determine costs, subject to applicable law and rules. Rule 9 specifically allocates the costs caused by unnecessary documents in a notice to admit or produce. Other applicable provisions and local amendments may also affect costs in an individual case.

Practical example

Suppose a party issues a notice requiring production of a large set of documents, including records unrelated to the disputed issues. If the unnecessary requests generate additional expense, Order XII Rule 9 provides that the party who issued the notice must bear the costs attributable to those unnecessary documents.

Statutory reference and official resources

Read the Code of Civil Procedure, 1908 on India Code for the statutory framework and consult the applicable First Schedule, court rules and amendments. The India Code official portal provides access to central legislation.

Note: This article explains the central CPC provision. State or High Court amendments and applicable procedural rules should be checked before relying on the provision in a particular court.