Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XI (Commercial Courts): Disclosure, Discovery And Inspection Of Documents In Suits Before The Commercial Division Of A High Court Or A Commercial Court

Order XI (Commercial Courts) Rule 5 CPC: Production of documents

Bare Act text

5. Production of documents.—(1) Any party to a proceeding may seek or the Court may order, at any time during the pendency of any suit, production by any party or person, of such documents in the possession or power of such party or person, relating to any matter in question in such suit.

(2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908).

(3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and not more than fifteen days to produce such document or to answer to their inability to produce such document.

(4) The Court may draw an adverse inference against a party refusing to produce such document after issuance of a notice to produce and where sufficient reasons for such non-production are not given and order costs.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In commercial disputes, any party may seek, or the Court may order, at any time while the suit is pending, production by any party or person of documents in their possession or power relating to a matter in question. The notice to produce is in Form No. 7 in Appendix C to the Code. The person served must be given not less than seven and not more than fifteen days to produce the document or explain the inability to do so. If a party refuses without sufficient reasons after the notice, the Court may draw an adverse inference and order costs.

Order XI (Commercial Courts): Disclosure, Discovery And Inspection Of Documents In Suits Before The Commercial Division Of A High Court Or A Commercial Court

  1. 1 Disclosure and discovery of documents
  2. 2 Discovery by interrogatories
  3. 3 Inspection
  4. 4 Admission and denial of documents
  5. 5 Production of documents
  6. 6 Electronic records
  7. 7 Certain provisions of the Code of Civil Procedure, 1908 not to apply
ShareWhatsAppTelegramLinkedInX