Where any party from whom a written-statement is required under rule 1 or rule 9 a fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit, and on the pronouncement of such judgment a decree shall be drawn up.
Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claims, he shall enter such document in a list, and shall produce it in court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement. (O. VIII (1-A) (1)].
Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is. [O. VIII R. (1-A) (2)].
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ADVERTISEMENTS:
Where a document or a copy thereof is not filed with the written-statement under this rule, it shall not be allowed to be received in evidence on behalf of the defendant at the hearing of the suit. [O. VIII R. (1A) (3)].
Nothing in this rule shall apply to documents—(a) produced for the cross-examination of the plaintiff’s witnesses, or (b) handed over to a witness merely to refresh his memory. [O. VIII R. 1-A (4)].
Where any party fails to present written statement called for by court within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up. (O. VIII, R. 10).