Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the document on which the plaintiff sues is an entry in shop-book or other account in his possession or power the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.
Original entry to be marked and returned.-The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification, and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.
High Court Amendments-[Allahabad].-Add the following proviso at the end of clause (2) of rule 17: "Provided that, if the copy is not written in English or is written in a character other than the ordinary Persian or Nagri character in use, the procedure laid down in Order 13, rule 12 as to verification shall be followed, and in that case the Court or its officer need not examine or compare the copy with the original."-(29-1-1927 and 10-12-1932). [Bombay].-Substitute a colon for the full stop at the end of sub-rule (2) and add thereafter the following provisos: "Provided that where the entry referred to in this rule is in a language other than English or the language of the Court, the plaintiff shall file with the plaint a true copy of the entry together with its translation either in English or in the language of the Court, such translation being verified as regards its correctness by an affidavit of the person making the translation: Provided further that the Court may accept a plaint without the translation and permit the party to file the said translation within a time to be fixed by the Court. In either of such cases the Court or its officer need not examine and compare the copy with the original and certify the same to be correct."-(1-10-1983). [Delhi].-Same as that of Punjab. [Gujarat].-The following proviso shall be added at the end of sub-rule (2) of rule 17:- "Provided that where the entry referred to in this rule is in a language other than the language of the Court, the plaintiff shall file with the plaint a true copy of the entry together with its translation in the language of the Court such translation being verified as regards its correctness by an affidavit of the person making the translation. In such a case the Court or its officer need not examine and compare the copy with the original and certify the same to be correct."-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Karnataka].-Add the following as sub-rule (3) to rule 17: "(3) Where the document is not in the language of the Court. the Chief Ministerial Officer of the Court shall take the directions of the Judge or Presiding Officer of the Court as to whether the procedure prescribed in rule 12 of Order XIII of this Code shall be followed."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Punjab, Haryana and Chandigarh].-Add the following after sub-rule (2):- "Explanation.-When a shop-book or other account written in a language other than English or the language of the Court is produced with a translation or transliteration of the relevant entry, the party producing it shall not be required to present a separate affidavit as to the correctness of the translation or transliteration, but shall add a certificate on the document itself, that it is a full and true translation or transliteration of the original entry, and no examination or comparison by the ministerial officer shall be required except by a special order of the Court." High Court Amendments-Rules 19 to 25-[Allahabad].-Add the following rules to Order 7: "19. Every plaint or original petition shall be accompanied by a proceeding giving an address written in Hindi in Devnagri script at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a proceeding of this nature. 20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resided, if within the limits of the United Provinces of Agra and Oudh. 21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court sue motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. 22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the !louse. If on the date fixed, such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the notice or process had been personally served. 23. Where a party engages a pleader, notices or processes for service on him shall be served in the manner prescribed by Order 3, rule 5, unless the Court directs service at the address for service given by the party. 24. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. 25. Nothing in these rules shall prevent the Court from directing the service of a notice or process in any other maimer, if for any reasons, it thinks fit to do so."-(1-6-1918 and 12-12-1970). 26. Deleted by Notification 4084, 35-A-3(7), dated 24-7-1926. Rules 19 to 26-[Bombay].-In Order VII, after the existing rule 18, add the following rules with marginal notes as new rules 19 to 26 and their respective marginal notes: 19. (1) Address to be filed with plaint or original petition.-Every plaint or original petition shall be accompanied by a memorandum in writing giving an address at which service of notice, or summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a memorandum in writing of this nature. (2) Registered address.-This address shall be called the "registered address", and it shall, subject to rule 24 of this Order, hold good in all proceedings in the suit and in appeals and also for a further period of six years from the date of the final decision for all purposes including those of execution. 20. Nature of address to be filed.-The registered address filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed or, if a party cannot conveniently give an address as aforesaid, at a place where the party ordinarily resides. 21. (1) Consequences of failure to file address.-Where a plaintiff or petitioner, after being required to file the registered address within a specified time, fails to file the registered address, he shall be liable to have his plaint or petition rejected by the Court suo mote, or any party may apply for an order to that effect and the Court may make such order as it thinks just. (2) When default may be condoned.-Where a plaint or a petition is rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set aside the rejection and, if he files a registered address and satisfies the Court that he was prevented by any sufficientcause from filing a registered address at the proper time, the Court shall set aside the rejection on such terms as to costs or otherwise as it deems fit and shall appoint a date for proceeding with the suit or petition. 22. Procedure when party not found at the place of registered address.-Where a party is not found at the registered address and no agent or adult male member of his family, on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgment, (which payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served. 23. Service of process where party engages pleader.-Where a party engages a pleader, notice or process issued against the party shall be served in the manner prescribed by Order 3, rule 5, unless the Court directs service at the registered address of the party. 24. Change of registered address.-A party who desires to change the registered address given by him as aforesaid shall file a fresh memorandum in writing to this effect, and the Court may direct the amendment of the record accordingly. Notice of such memorandum shall be given to such other parties as the Court may deem it necessary to inform, and may be served either upon the pleaders or such parties or be sent to them by registered post pre-paid for acknowledgment as the Court thinks fit. 25. Rules not binding on Court.-Nothing in rules 19, 22, 23 and 24 of this Order shall prevent the Court from directing the service of a notice or process in any other manner, if, for any reasons, it thinks fit to do so. 26. Applicability to notice under Order 21, Rule 22.-Nothing in rules 19,22,23 and 24 of this Order shall apply to the notice prescribed by clause (b) of sub-rule (1) of rule 22 of Order 21 of this Code."-(1-11-1966). [Delhi].-Same as that of Punjab. Rules 19 to 25-[Gujarat].-Rule 19 be added: "19. Address to be filed with plaint or original petition.-Every plaint or original petition shall be accompanied by a memorandum in writing giving an address at which service of notice, or summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall immediately on being so added, file a memorandum in writing of this nature. The address so given shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of the final decision and for all purposes including those of execution." Rule 20 be added: "20. Nature of address to be filed.-An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or if he cannot conveniently give an address as aforesaid, at the place where a party ordinarily resides." Rule 21 be added: "21. Consequences of failure to file address.-Where a plaintiff or petitioner fails to file an address for service he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just." Rule 22 be added: "22. Procedure when party is not found at the place of address.-Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present anotherdate shall be fixed and a copy of the notice, summons or other process shall be sent to the address supplied by that party by registered post pre-paid for acknowledgment (which pre-payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served." Rule 23 be added: "23. Service of notice on pleaders.-Where a party engages a pleader, notice or process on him shall be served in the manner prescribed by Order 3, rule 5 unless the Court directs service at the address for service given by the party." Rule 24 be added: "24. Change of the registered address.-A party who desires to change the address for service given by him as aforesaid shall file a fresh memorandum in writing to this effect and the Court may 1irect the amendment of the record accordingly: Notice of such memorandum shall be given to such other parties to the suit as Court may deem it necessary to inform and may be served either upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit." Rule 25 be added: "25. Service of notice or process in any other manner.-Nothing in these rules shall prevent the Court from directing the service of a notice or process in any other manner, if for any reasons, it thinks fit to do so." Rule 26 be added: "26. Applicability to notice under Order 21, rule 22.-Nothing in these rules shall apply to the notice prescribed by Order 21, rule 22."-(17-18-1961). Rules 19 to 25-[Himachal Pradesh].-Same as those of Punjab except in rule 20 the words "Judicial Commissioner's Court, Himachal Pradesh" are substituted for the words "High Court of Judicature at Lahore." Rules 19 to 23-[Madhya Pradesh].-Add the following as rules 19 to 23: "19. Registered address.-Every plaint or original petition shall be accompanied by a memorandum giving an address at which service of process may be made on the plaintiff or petitioner. The address shall be within the local limits of the Civil District in which the plaint or original petition is filed or, if an address within such Civil District cannot conveniently be given, within the local limits of the Civil District in which the party ordinarily resides. This address shall be called the "registered address" and it shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision and for all purposes including those of execution. 20. Registered address by a party subsequently added as plaintiff or petitioner.-Any party subsequently added as plaintiff or petitioner shall in like manner file a registered address at the time of applying or consenting to be joined as plaintiff or petitioner. 21. Consequences of non filing of registered address.- (1) If the plaintiff or the petitioner fails to file a registered address as required by rule 19 or 20, he shall be liable, at the discretion of the Court, to have his suit dismissed or his petition rejected. An order under this rule may be passed by the Court suo motu or on application of any party. (2) Where a suit is dismissed or a petition rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set the dismissal or rejection aside and if he files a registered, address and satisfies the Court that he was prevented by any sufficient cause from filing the registered address at the proper time the Court shall set aside the dismissal or the rejection upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit or petition. 22. Affixing of process and its validity.-Where the plaintiff or the petitioner is not found at his registered address, and no agent or adult male member of his family on whom a process can be served is present, a copy of the process shall be affixed to the outer door of the house and such service shall be deemed to be as effectual as if the process had been personally served. 23. Change of registered address.-A plaintiff or petitioner who wishes to change his registered address shall file a verified petition and the Court shall direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit or proceedings as the Court may deem it necessary to inform."-(16-9-1960). Order 7-[Orissa].-Same as those of Patna amendment except rules 19, 20, 21 and 22 of Order 7 (Patna Amendment) (7-5-1954). Rules 19 to 22-[Patna].-Add the following rules: "19. Every plaint or original petition shall be accompanied by a statement giving an address at which service of notice, summons or other process may be made on the plaintiff, or petitioner, and every plaintiff or petitioner subsequently added shall, immediately on being so added, file a similar statement. 20. An address for service filed under the preceding rule shall state the following particulars (1) the name of the street and number of the house (if mi a town); (2) the name of the town or village; (3) the post office; (4) the district; and (5) the munsiff (if in Bihar) or the district Court (if outside Bihar). 21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect and the Court may make such order as it thinks fit. 22. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post as the Court thinks fit." Rules 19 to 25-[Punjab].-Add the following rules: "19. Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a proceeding of this nature. 20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of the territorial jurisdiction of the High Court of judicature at Lahore. 21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. 22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice, summons or other process can be served is present, a copy of the notice, summons or other process shall be fixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address byregistered post, and such service shall be deemed to be as effectual as if the notice, summons or other process had been personally served. 23. Where a party engages a pleader, notices, summonses or other processes for service on him shall be served in the manner prescribed by Order 3, . ule 5, unless the Court directs services at the address for service given by the party. 24. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. 25. Nothing in these rules shall prevent the Court from directing the service of a notice, summons or other process in any other manner, if for-any reasons, it thinks fit to do so." Rules 19 to 25--[Rajasthan].-Add the following as rules 19 to 25: "19. (1) Every plaint or original petition shall be accompanied by a memorandum giving an address at which service of process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added 'hall, immediately on being so added, file a memorandum of this nature. (2) This address shall be called the registered address and it shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision and for all purposes including those of execution. 20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of Rajasthan. 21. (1) Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just. (2) Where a suit is dismissed or a petition rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set the dismissal or the rejection aside and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the registered address at the proper time, the Court shall set aside the dismissalor the rejection upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or petition. 22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a process can be served, is present, a copy of the process shall be affixed to the outer door of the house. If on the date fixed, such party is not present and the process is not declared by the Court under rule 19 of Order 5, to have been duly served, another date shall be fixed and a copy of the process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the process had been personally served. 23. Where a party engages a pleader, process for service on him shall be served in the manner prescribed by Order 3, rule 5, unless the Court directs service at the address for service given by the party. 24. A party who desires to change the address for service given by him as aforesaid, shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. 25. Nothing in these rules shall prevent the Court from directing the service of a-process in any other manner, if for any reasons it thinks fit to do so."-(24-7-1954).