Order XIII Rule 10 CPC: Court May Call for Records from Another Court
Order XIII Rule 10 of the Code of Civil Procedure, 1908 (CPC) empowers a civil court to call for and inspect the record of another suit or proceeding from its own files or another court. The rule also sets conditions for applications and preserves the ordinary law of admissibility.
Order XIII Rule 10 CPC: statutory provision explained
Sub-rule (1): power to call for and inspect records
The court may, on its own motion, or in its discretion on an application by a party, call for the record of another suit or proceeding from its own records or from another court, and inspect it.
Sub-rule (2): affidavit and necessity
Unless the court directs otherwise, an application must be supported by an affidavit showing how the record is material to the current suit and that a duly authenticated copy cannot be obtained without unreasonable delay or expense, or that production of the original is necessary for justice.
Sub-rule (3): admissibility remains governed by evidence law
Nothing in Rule 10 permits the court to use a document as evidence if it would otherwise be inadmissible under the applicable law of evidence.
These three parts operate together: the power is discretionary, the application ordinarily requires a factual justification, and the rule is not an exception to the rules governing proof and admissibility.
Procedure for obtaining records from another court
- Identify the proceeding: specify the court, case number, parties, year and particular papers or portions of the record required.
- Explain materiality: identify the issue in the pending suit to which the requested material relates.
- Explain why copies are insufficient: address whether an authenticated copy can be obtained and, if not, the unreasonable delay or expense involved; alternatively, explain why the original is necessary for justice.
- File a supporting affidavit: set out these facts on oath unless the court dispenses with that requirement.
- Obtain the court's order: the court decides whether to requisition and inspect the record, taking account of necessity, proportionality and procedural requirements.
A party should not assume that a request for the entire case file will be granted merely because the other proceeding concerns similar parties or facts. A targeted application explaining the relevance of particular papers is generally more useful.
Certified copies, judicial records and admissibility
Rule 10 concerns calling for and inspecting records; it does not by itself prove the truth of statements recorded in an earlier proceeding. A prior pleading, deposition, judgment or exhibit must still satisfy the applicable rules governing relevance, proof and admissibility before it can be relied upon for a particular evidentiary purpose.
Under the Bharatiya Sakshya Adhiniyam, 2023, provisions concerning public documents and certified copies are relevant when parties seek to prove judicial records. Sections 74 to 77 address public documents, certified copies and proof by certified copies, while section 78 concerns proof of other official documents. Their application depends on the nature of the record and the purpose for which it is tendered. Transitional provisions and the date of commencement of a proceeding may affect which evidence statute applies.
For the official legislation, see the Code of Civil Procedure, 1908 on India Code and the India Code portal for the Bharatiya Sakshya Adhiniyam, 2023 and amendments. The law applicable to a particular proceeding should be checked against the current statutory text and any applicable High Court rules.
Relationship with other CPC provisions
Order XIII Rule 3 concerns rejection of irrelevant or inadmissible documents. Rule 4 deals with endorsement of admitted documents, while Rule 7 governs the court record and return of rejected documents. Rule 8 permits impounding for sufficient cause, and Rule 9 regulates return of admitted documents.
In commercial disputes of specified value, the modified disclosure and document-production regime under the Commercial Courts Act, 2015 may also be relevant. Court-specific rules and orders should be consulted before filing.
Frequently asked questions
Can a civil court call for a record on its own initiative?
Yes. Order XIII Rule 10(1) expressly allows the court to act on its own motion.
Is an affidavit compulsory with every application?
Ordinarily yes, but Rule 10(2) allows the court to direct otherwise. The affidavit should address materiality and the need for the record or original.
Does calling for the file automatically make its documents evidence?
No. Rule 10(3) preserves the applicable law of evidence, including rules of relevance and admissibility.
Can a party ask for the original instead of a certified copy?
Yes, where the application demonstrates that production of the original is necessary for the purposes of justice. The court retains discretion.
Conclusion
Order XIII Rule 10 CPC provides a controlled procedure for accessing judicial records held by the same or another court. A successful application focuses on materiality, explains why an authenticated copy will not suffice or why the original is required, and recognises that the evidentiary value of the material is a separate question.
This article is general legal information, not advice for any particular litigation. Statutory amendments, local rules and case-specific directions may affect procedure.