Correct option is C
As per
Order XIII, Rule 1 of the
Civil Procedure Code (CPC), 1908, all documents that a party intends to rely upon should generally be produced
at or before the settlement of issues. However,
Order XIII, Rule 1(3) provides an important exception for documents that are meant to be used for
cross-examination of a witness of the other party. These documents may be produced at any point during the trial when they are required for cross-examination. This allows a party to withhold certain documents until the stage of cross-examination to strategically confront the opposing witness.
This rule ensures that the element of surprise, which is often crucial in cross-examination, is preserved. Since cross-examination is a dynamic process, documents intended for this purpose may be introduced when necessary, irrespective of whether the issues have been settled or not.
Relevant Legal Provision:
·
Order XIII, Rule 1(3) CPC explicitly states that:
"Nothing in this rule shall apply to documents produced for the cross-examination of the witnesses of the other party, or handed over to a witness merely to refresh his memory."
This provision allows a party to produce cross-examination documents at
any time during the trial when required.
Information Booster:
·
Cross-examination is a critical stage in a civil trial, where the opposing party’s witness is questioned to challenge their testimony. Documents used in cross-examination are often intended to impeach or discredit the witness. The flexibility of
Order XIII, Rule 1(3) allows these documents to be produced when required, making cross-examination more effective.
·
Order XIII focuses on the production of documents and ensures that most documents are produced before the issues are settled, except for cross-examination documents.
Additional Knowledge:
·
Till Settlement of Issues (Option A): Incorrect. Most documents are required to be produced by this stage, but cross-examination documents are an exception.
·
After the Settlement of Issues (Option B): This is not necessarily true, as cross-examination documents can be produced at any time during the trial.
·
Along with Pleading (Option D): Incorrect. Documents for cross-examination are not required to be filed with the pleadings.
