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Code of Civil Procedure, 1908 | Order XIII

Order XIII Rule 6 CPC - Endorsements on Documents Rejected as Inadmissible in Evidence

Order 13 Rule 6 of the Code of Civil Procedure, 1908 prescribes how a civil court must mark a document that it rejects as inadmissible evidence. The rule ensures that the document carries a formal record of its rejection, authenticated by the Judge.

Text of Order XIII Rule 6 CPC

Where a document relied on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1), together with a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge.

Source: Code of Civil Procedure, 1908 - official India Code text.

Meaning and purpose of Rule 6

An endorsement is a written notation placed on a document. Under this rule, when a party relies on a document but the court decides it is inadmissible, the court must identify the document and record that it has been rejected. This provides a clear procedural trail and helps distinguish rejected documents from documents admitted in evidence.

Inadmissible evidence means material that cannot be received as evidence under the applicable law. The legal reason for inadmissibility depends on the document and the relevant evidentiary or other statutory provisions. Rule 6 governs the endorsement after rejection; it does not independently determine every ground of admissibility.

What must the rejection endorsement contain?

Order XIII Rule 6 expressly refers to clauses (a), (b) and (c) of Order XIII Rule 4(1). Accordingly, the endorsement must show:

  1. The number and title of the suit in which the document was tendered.
  2. The name of the person producing the document.
  3. The date on which the document was produced.
  4. A statement that the document has been rejected as inadmissible in evidence.
  5. The signature or initials of the Judge authenticating the endorsement.

Unlike an endorsement of admission under Rule 4, this endorsement records rejection rather than admission. The grounds for rejection must also be recorded by the court under Order XIII Rule 3.

How Rule 6 operates in civil proceedings

When a document is tendered, the court considers its relevance and admissibility under the applicable law. If the court rejects it as inadmissible, Rule 6 requires the prescribed endorsement. Under Order XIII Rule 7(2), documents not admitted in evidence ordinarily do not form part of the suit record and are returned to the persons who produced them, subject to applicable court directions and other provisions, including the power to impound documents under Rule 8.

Order XIII Rule 3 - Rejection of irrelevant or inadmissible documents

The court may reject an irrelevant or otherwise inadmissible document at any stage of the suit, recording the grounds of rejection. Rule 3 concerns the decision and reasons; Rule 6 concerns the endorsement placed on the rejected document.

Order XIII Rule 4 - Endorsements on admitted documents

Rule 4 provides the particulars for an admitted document. Rule 6 incorporates the identifying particulars in Rule 4(1)(a) to (c), but requires a statement of rejection.

Order XIII Rules 7 and 8 - Return and impounding

Rule 7 addresses the suit record and return of rejected documents. Rule 8 permits the court, for sufficient cause, to impound a document or book and retain it in court custody on appropriate terms.

Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (official text), in force from 1 July 2024, contains the general statutory rules of evidence, including documentary and electronic evidence. Its applicability to a particular proceeding must be assessed with reference to its commencement and savings provisions. The CPC endorsement procedure and the applicable rules of evidence perform different functions.

Illustrative example

Suppose a plaintiff offers a document in support of a civil claim. After considering an objection, the court holds that the document is inadmissible. The court records the grounds for rejection under Rule 3 and endorses the document with the suit details, producer's name, production date, statement of rejection, and the Judge's signature or initials under Rule 6. The document is then dealt with according to the applicable rules on return or retention.

Frequently asked questions

Does Rule 6 itself decide whether a document is admissible?

No. Rule 6 prescribes the endorsement after the court finds the document inadmissible. Admissibility is decided under the relevant law, and Rule 3 requires the grounds of rejection to be recorded.

Must the Judge sign the rejection endorsement?

Under the central text of Rule 6, the endorsement must be signed or initialled by the Judge. Applicable High Court amendments or local rules should also be checked.

Does a rejected document remain part of the suit record?

Under Rule 7(2), a document not admitted in evidence ordinarily does not form part of the suit record and is returned to its producer, subject to other applicable orders and rules.

Official legal sources

Legal information is general in nature. State amendments, High Court rules and the procedural stage of the case may affect its application.