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Bare acts > Code of Civil Procedure, 1908 > Order 13 Rule 5
 
  


 

5. Endorsements on copies of admitted entries in books, accounts and records.- (1) Save in so far as Is otherwise provided by the Bankers’ Books Evidence Act, 1891 (18 of 1891), where a document admitted in evidence in the suit is an entry in a letter book or a shop book or other account in 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 public record produced from a public office or by a public officer, or 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 record, book or account is produced on behalf of a party, then by that party, or

(b) Where the record, 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 the foregoing provisions of this rule, the court shall, after causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark the entry and cause the book, account or record in which its occurs to be returned to the person producing it.

HIGH COURT AMENDMENTS

Bombay, (Dadra and Nagar Haveli), Goa, Daman and Diu.- Add the following proviso —


“Provided that where the entry referred to in this rule is in a language other than English or the language of the Court, the provisions contained in the proviso to Rule 17(2) of Order VII shall apply mutatis mutandis to such an entry.” (1.10.1983).

Gujarat.- Same as that of Bombay without the words “English or.” (17.8.1961).

 

 

 

 

 

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