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Production Impounding And Return Of Documents

CHAPTER  4. PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

Art. 137- Documentary evidence when to be produced

(1)    The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which intend to rely, and which
(2)    The commission shall specify clearly and distinctly the facts to be have not already been filed in court, and all documents which the court may order to be produced.
(2) The court shall receive the documents so produced which shall be accompanied by an accurate list thereof.
(3)    Without prejudice to the provisions of Art. 256, no  documents which should be but is not annexed to or field with the pleading or produced at the first hearing shall be received at a later stage in the suit on behalf of the party who should have so annexed, filed or produced it.
(4)    Nothing in this Article shall apply to documents produced for cross-examination of the defendant’s witness, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory.

Art. 138- Rejection of irrelevant or inadmissible documents

The court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.
Art. 139- Endorsements on documents
(1)    Subject to the provisions of sub-art. (2), a judge shall endorse on every document which has  been produced in the suit:
(a)    the number and title of the suit;
(b)    the name of the person producing the document; and
(c)    the date on which it was produced.
(2)    Where a document so produced is an entry in a book, account or record, and a copy thereof has been substituted for the original under Art. 140, the particulars aforesaid shall be endorsed on the copy.

Art. 140- Endorsements on copies

(1)    Where a document produced in the suit is an entry in a letters boll or a shop-book or other account on current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.
(2)    Where such a document  is an entry in  a book or account belonging to a person other than a party on whose behalf the book or account is produced, the court may require a copy of the entry  to be furnished:
(a)    where the book or account is produced on behalf of a party, then by that party; or
(b)    where the book or account is produced in obedience to an order of the court acting of its own motion, then by either or any party.
(3)    Where a copy of an entry is furnished under this Article the court shall, after causing the copy to be examined, compared and certified in accordance with Art. 230, mark the entry and cause the book or account  in which it occurs to be returned to the person producing it.

Art. 141- Endorsements on documents rejected

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  Art. 139 (1), together with a statement of its having been rejected, and the endorsement shall be signed or initialed by a judge.

Art. 142- Recording of admitted and return of rejected documents

(1)    Every document which has been admitted in evidence, or a copy thereof  where a copy has been substituted for the original under Art. 140, shall form part of the record of the suit.
(2)    Documents not admitted in evidence shall not form part of the record and shall be returned to the persons respectively producing them.

Art. 143-Court may order our document to be impunded

Notwithstanding the provisions Art, 140, 142 and 230, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of the registrar for such period and subject to such conditions as the court thinks fit∙

Art∙ 144-  Return of admitted documents

(1)    Any person, whether a party to the suit or not, desirous of receiving back any original document produced by him in the suit  and placed on the record shall be entitled to received back the same when:
(a)    a copy is substituted therefore in accordance with the provision of Art. 140; and
(b)    such person undertakes to produce the original if requires to do so.
(2)    No document shall be returned which, by force of the decree, has become wholly void or useless.
(3)    On  the return of a document admitted in evidence, a receipt shall be given by the person receiving it

Art 145- Court may send for records

(1)    The  court may of its own motion or on the application of any of the parties to suits, send for either from  its own records or from any other court, the record of any other suit or proceeding, and inspect the same.
(2)    Unless otherwise directed, an application under sub-art. (1) shall show how the record is material  to the suit in which the application is made, and that the applicant can not without unreasonable delay or expense obtain a duly authenticated copy of the record or of such parts, thereof as the applicant requires, of that the production of the original is necessary for the purposes of justice.
(3)    Nothing in this Art Article shall be deemed to enable the court to use inn evidence any document which under the law of evidence would be inadmissible in the suit.

Art. 146- Provisions as to documents apply to material objects

The provisions of this Chapter  which apply to documents shall, so far as may be, apply to all other material objects producible as evidence.