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Order XIII Rule 4 CPC - Endorsements on Documents Admitted in Evidence

Order XIII Rule 4 of the Code of Civil Procedure, 1908 (CPC) prescribes the particulars that must be endorsed on documentary evidence admitted in a civil suit, and requires the Judge to sign or initial the endorsement.

Key point: The rule concerns the formal recording of admission of documentary evidence. An exhibit marking or endorsement should not be confused with a final judicial finding that every fact stated in the document has been proved.

Text and requirements of Order XIII Rule 4 CPC

Sub-rule (1): Endorsement on admitted documents

Subject to sub-rule (2), every document admitted in evidence in the suit must bear the following particulars:

  1. The number and title of the suit;
  2. The name of the person producing the document;
  3. The date on which it was produced; and
  4. A statement that the document has been admitted in evidence.

The endorsement must be signed or initialled by the Judge.

Sub-rule (2): Where a copy replaces an original entry

Where an admitted document is an entry in a book, account or record, and a copy has been substituted for the original under Order XIII Rule 5, the same particulars must be endorsed on that copy, with the Judge's signature or initials.

The text above restates the operative requirements for readability. Consult the official CPC text on India Code for the statutory wording and applicable amendments.

Meaning and purpose of the rule

An endorsement is a formal notation made on a document or its substituted copy. It identifies the case, the producer and the date, and records the court's admission of the document in evidence. The Judge's signature or initials authenticate that notation.

These particulars help maintain an identifiable trial record and distinguish documents admitted in evidence from documents merely tendered, filed, or rejected. Questions of relevance, admissibility, authenticity and evidentiary weight must still be considered under the applicable law.

How the rule operates in a civil suit

  1. A party produces a document in accordance with the applicable procedural rules and court directions.
  2. The court considers objections and the governing rules of evidence before admitting the document.
  3. When admitted, the document receives the particulars required by Rule 4(1), signed or initialled by the Judge.
  4. If a qualifying book, account or record entry is replaced by a copy under Rule 5, the endorsement is made on the substituted copy under Rule 4(2).
  5. The admitted document or permitted substituted copy forms part of the suit record under Order XIII Rule 7.

Order XIII Rule 1: Governs production of original documents at or before settlement of issues, subject to its exceptions and applicable procedural modifications.

Order XIII Rule 3: Permits the court to reject irrelevant or otherwise inadmissible documents at any stage of the suit, recording its grounds.

Order XIII Rule 5: Addresses copies substituted for admitted entries in books, accounts and records.

Order XIII Rule 6: Prescribes endorsements on documents rejected as inadmissible.

Order XIII Rule 7: Deals with admitted documents becoming part of the record and return of rejected documents.

Documentary evidence under the current evidence law

The Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024, governs evidence in proceedings to which it applies, subject to its savings and transitional provisions. Its rules on documentary evidence operate alongside the procedural endorsement requirements of the CPC.

Sections 61 to 63 address electronic and digital records, including conditions for admitting computer outputs. The fact that a record is electronic does not by itself make it inadmissible; applicable requirements of proof must still be satisfied. The CPC endorsement rule does not replace these requirements.

For the current statute, consult the official Bharatiya Sakshya Adhiniyam, 2023.

Illustration

Suppose a party produces an original agreement in a money recovery suit and the court admits it in evidence. The endorsement should identify the suit, the person producing the agreement, the production date and its admission in evidence, and should be signed or initialled by the Judge. If instead an admitted entry from an account book is properly replaced by a copy under Rule 5, the endorsement is placed on that copy.

Frequently asked questions

Is every filed document automatically admitted in evidence?

No. Filing or producing a document does not itself establish its admissibility or proof. The court applies the relevant procedural and evidence rules.

Who signs the endorsement under Rule 4?

The Judge must sign or initial the endorsement.

Can the endorsement be made on a copy?

Yes, in the particular circumstances described in Rule 4(2), when a copy of an admitted book, account or record entry has been substituted for the original under Rule 5.

Official legal sources

Legal information updated 12 October 2026. Court rules, High Court amendments and case-specific directions may affect procedure. This article is general legal information, not advice for a particular case.