Order XIII Rule 7 CPC: Recording of Admitted and Return of Rejected Documents

Text of Order XIII Rule 7 CPC

The wording above follows the central statutory text, including the expression "Every documents" as printed in the official compilation. See the official Code of Civil Procedure, 1908 (India Code PDF).

Meaning of Order 13 Rule 7

Rule 7(1): Admitted documents form part of the suit record

When a court admits a document in evidence, that document ordinarily becomes part of the record of the civil suit. If a copy of an entry in a book, account or record has been substituted for the original in accordance with Order XIII Rule 5, the substituted copy forms part of the record instead.

Admission of a document to the record should not be confused with a judicial finding that every statement in it is true. Questions of proof, evidentiary value and weight remain governed by the applicable law of evidence and the circumstances of the case.

Rule 7(2): Documents not admitted are returned

Documents that are not admitted in evidence do not form part of the evidentiary record and, under Rule 7(2), are to be returned to the persons who produced them. This distinguishes rejected or unadmitted material from admitted exhibits retained on the case record.

Where the court has ordered a document to be impounded under Order XIII Rule 8, the court's custody order must also be considered.

Related provisions under the CPC

• Order XIII Rule 3: permits the court to reject irrelevant or otherwise inadmissible documents at any stage of the suit, recording the grounds for rejection.
• Order XIII Rule 4: requires prescribed endorsements on documents admitted in evidence, including suit details, producer's name, date and admission statement, signed or initialled by the judge.
• Order XIII Rule 5: addresses substitution of verified copies for entries in certain books, accounts and records, and return of the original book or record.
• Order XIII Rule 6: requires endorsements on documents rejected as inadmissible, referring to the particulars under Rule 4(1)(a) to (c).
• Order XIII Rule 8: allows the court, for sufficient cause, to impound a document or book and keep it in court custody.
• Order XIII Rule 9: governs return of documents already admitted and placed on record, subject to its conditions and exceptions.

The Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024, provides the current general evidentiary framework, subject to applicable savings and transitional provisions. The CPC continues to govern the civil-court record procedure described here. Special rules and amendments may apply to commercial disputes and particular jurisdictions.

Practical procedure in civil suits

1. A party produces a document in accordance with the procedural rules and court directions.
2. The court determines whether it is admissible, taking account of objections and the applicable evidence law.
3. If admitted, the required endorsement is made under Order XIII Rule 4 and the document, or qualifying substituted copy, is included in the suit record.
4. If not admitted, it is excluded from the evidentiary record and returned under Rule 7(2), subject to any applicable custody or impounding order.
5. For the return of an admitted original document, consult Order XIII Rule 9 rather than assuming Rule 7(2) applies.

Frequently asked questions

Does every filed document become part of the evidence record?

No. Under Rule 7(1), the provision addresses documents admitted in evidence or copies validly substituted under Rule 5. Merely filing a document does not automatically establish its admissibility or truth.

What happens when a document is rejected?

Under Rule 7(2), a document not admitted in evidence does not form part of the evidentiary record and is returned to the person who produced it, subject to applicable court orders.

Can an admitted original be returned?

Yes, subject to the conditions of Order XIII Rule 9 and any impounding order under Rule 8.

Is Order XIII Rule 7 still relevant after the 2023 evidence law?

Yes. Order XIII Rule 7 remains a CPC procedural provision. The Bharatiya Sakshya Adhiniyam, 2023 addresses evidence law; the two must be read together where applicable.

Official legal sources

Code of Civil Procedure, 1908 - India Code

Bharatiya Sakshya Adhiniyam, 2023 - India Code

This article provides general legal information. Court-specific rules, amendments and the procedural posture of a case may affect the outcome.