Order XIII Rule 1 CPC: Original Documents to Be Produced at or Before Settlement of Issues

Order XIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) governs the production of original documentary evidence in ordinary civil suits where copies have already been filed with the plaint or written statement. It sets the deadline, requires an accurate document list and provides two specific exceptions.

Text of Order XIII Rule 1 CPC

Meaning and requirements of Rule 1

Sub-rule (1): When originals must be produced

Where a party has filed copies of documentary evidence with the plaint or written statement, the corresponding originals must ordinarily be produced in court no later than the settlement of issues. A pleader may produce them on the party's behalf. This requirement is connected with Order VII Rule 14 and Order VIII Rule 1A CPC, which regulate documents relied upon by the plaintiff and defendant respectively.

Sub-rule (2): Accurate list of documents

The court receives the originals when they are accompanied by an accurate list in the form prescribed by the relevant High Court. The list should identify the documents clearly and correspond to the documents tendered. Local court rules and directions may prescribe additional filing formalities.

Sub-rule (3): Two exceptions

The deadline in sub-rule (1) does not apply to documents produced for cross-examination of the opposing party's witnesses, or documents merely shown to a witness to refresh memory. These are limited exceptions; other rules of evidence and procedural directions continue to apply.

What is settlement of issues?

Under Order XIV Rule 1 CPC, issues arise when one party affirms and the other denies a material proposition of fact or law. The court identifies and frames the questions requiring determination. Order XIII Rule 1 ties the ordinary deadline for producing originals to this procedural stage, not simply to the date of the final evidence hearing.

Production, admission and proof are different

Producing an original document is a procedural step. The court may still reject an irrelevant or inadmissible document under Order XIII Rule 3. Endorsement of admitted documents is addressed by Order XIII Rule 4. Whether a document proves a disputed fact depends on the applicable rules of evidence, including the Bharatiya Sakshya Adhiniyam, 2023, where applicable, and relevant transitional provisions.

Important exception for commercial disputes

Instead, the substituted Order XI Rule 1 requires detailed disclosure of documents with pleadings, subject to specified exceptions and leave of the court. Order XI also deals with inspection, admission or denial, production and electronic records. Consult the Commercial Courts Act, 2015 and its Schedule (official text) before applying ordinary CPC filing deadlines to a commercial suit.

Practical compliance checklist

1. Identify documents whose copies were filed with the plaint or written statement.
2. Arrange the corresponding originals and check that they match the filed copies.
3. Prepare the accurate document list required by the relevant High Court.
4. Produce the originals on or before settlement of issues, unless a statutory exception or applicable special procedure governs.
5. Follow court directions on marking, custody, return and proof of documents.

Frequently asked questions

Does Order XIII Rule 1 require every original document to be filed with the plaint?

No. It specifically addresses production of originals where copies were filed with the plaint or written statement, with production ordinarily due on or before settlement of issues. Other pleading-stage disclosure rules must also be considered.

Can documents be used during cross-examination?

Yes. Sub-rule (3)(a) excludes documents produced for cross-examination of the other party's witnesses from the deadline in sub-rule (1), subject to other applicable evidentiary requirements.

Does this rule apply to commercial suits?

Not in the ordinary manner. The substituted commercial-suit Order XI Rule 7 expressly excludes Order XIII Rule 1 for proceedings within its scope.

Official legal sources

Updated: 12 October 2026. This article explains the general central provisions. Check applicable state amendments, High Court rules and court orders for your case.