Bare ActsThe Karnataka Conduct of Government Litigation Act, 2023

Section 23

Production and Custody of Documents

Amendment status not verified — confirm the current text below against the official source.

Production and Custody of Documents.- The following steps shall be taken to make available the documents for purposes of the trial, namely,- (a) All available documentary evidence shall be diligently collected carefully examined and produced before the Court on or before the day fixed for its reception; (b) Making application for adjournment for production of document shall as for as possible be avoided and such application on behalf of the opposite party shall, unless they are made for sufficient 18 reasons, be resisted as they tend to prolong the litigation and give opportunities for fabrication of false evidence; (c) When a suit is instituted upon a document, the document sued upon shall be produced in Court along with the plaint as required under Order 7, Rule 14 of the Code of Civil Procedure1908; (d) The Law Officer shall take steps to get important and valuable documents kept in safe custody in Court. The Officers handing over important documents to the Law Officer, either for production in Court or for reference, shall take proper acknowledgement there-for from the Law Officer. Whenever documents are produced in Court, they shall be produced along with a list obtaining due acknowledgment from the Court; (e) Wherever certified copies or extracts or photo copies of documents are admissible, production of the originals shall be avoided; (f) Whenever production of a particular document in a file is necessary, only such document shall be produced in Court and the production of the entire file of the department should be avoided; (g) Whenever production of a document in original is found necessary, an authenticated copy (preferably a photo copy) of such document shall be retained in the department file along with a note to the effect that the original has been filed in Court mentioning the case number, year, and the date of production; (h) Documents filed by the opponents shall be carefully examined and compared with the originals wherever possible at the earliest opportunity and efforts made to find out the genuineness or authenticity of the documents so produced; and (i) Objections relating to admissibility, genuineness or such other grounds shall be taken at the earliest. The Law Officer shall obtain certified copies of all documents produced by the opponents and secure them in the file. The production of the documents in the possession of the Government or its Officers when lawfully required by the Court shall not be resisted except for valid and sufficient reasons; 19

Section 23 – The Karnataka Conduct of Government Litigation Act, 2023 | DailyLaw.ai