2023 CLC 713

Whether the Court can de-exhibit documents?The expression of deexhibit is not defined nor mentioned in the Code of Civil Procedure. Although Rule 3 of Order XIII empowers the Court that it can reject irrelevant or inadmissible documents but it is not the intention of legislation to remove the documents from the record after they have been received and marked as Exhibit. However, the party filing the document is entitled to receive it back as provided under Order XIII Rule 9 C.P.C. Order XIII Rule 4 of the Code of Civil Procedure provides a procedure for marking of a document as an exhibit. The provision of Order XIII Rule 4 C.P.C. is mandatory and if not complied with, the document cannot be considered in evidence