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Bare acts > Code of Civil Procedure, 1908 > Order 13 Rule 9
 
  


 

9. Return of admitted documents.- (1) Any person, whether a party to the Suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same,—

(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and

(b) where the suit is one in which an appeal is allowed, when the court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the appeal has been disposed of:

Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying there for—

(a) delivers to the proper officer for being substituted for the original,— (I) in the case of a party to the suit, a certified copy, and

(ii) in the case of any other person, and ordinary copy which has been examined, compared and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and

(b) undertakes to produce the original, if required to do so:

Provided also, that no document shall be returned which, by force of the decree, has become wholly void or useless.

(2) On the return of a document admitted in evidence, a receipt shall be given by the person receiving it.

HIGH COURT AMENDMENTS

Andhra Pradesh.- Same as that of Madras.

Bombay, Dadra and Nagar Haveli.- In Order XIII, for the existing Rule 9 and its marginal note, substitute the following as Rule 9 and marginal note:

“9. Return of admitted documents.— (1) Any person, whether a party to the suit or not, desirous of receiving back any document, produced by him in the suit and placed on the record shall, unless the document is impounded under Rule 8, be entitled to receive back the same—

(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of; and

(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred when the appeal has been disposed of:

Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying there for —

(a) delivers to the proper officer for being substituted for the original:

(i) in the case of a party to the suit, a certified copy, and

(ii) in the case of any other person, an ordinary copy, which has been examined, compared and certified in the manner mentioned in sub-rule (2) or Rule 17 of Order VII, and

(b) undertakes to produce the original, if required to do so:

Provided also that a copy of the decree and of the judgment filed with the memorandum of appeal under Order XLI, Rule I, may be returned after the appeal has been disposed of by the Court:

Provided also that no document shall be returned which, by force of the decree, has become wholly void or useless.

(2) On the return of a document admitted in evidence, a receipt shall be given by the person receiving it.” (1-10-1983).

Delhi and Himachal Pradesh.- Same as that of Punjab.

Gujarat.- (i) Add between first and second proviso to sub-rule (1), the following proviso : Same as 2nd proviso of Bombay.

(ii) Renumber the existing sub-rule (2) as sub-rule (3), and insert the following as sub-rule (2)

“(2) Where the document has been produced by a person who is not a party to the suit, the court may order and at the request of the person applying for the return of the document shall order the party at whose instance the document was produced to pay the cost of preparing certified copy.”

Karnataka.- Add the following sub-rules to Rule 9

“(3) Every application for return of a document under the first proviso to sub-rule (1) shall be verified in the manner prescribed for verification of plaints and shall set forth facts justifying the immediate return of the original.”

(4) Same as that of Madras (4).

(5) Same as that of Madras (5).

Kerala, Laccadive, Minicoy and Amindivi Islands.- Same as that of Madras. (9-6-1959).

Madhya Pradesh.- Insert the following as sub-rule (2) and renumber the present sub-rule (2) as sub-rule (3)

Same as that of Gujarat (ii).

Madras and Pondicherry.- Add the following as sub-rules (3), (4) and (5):

“(3) Every application for return of a document under the first proviso to sub-rule (1) shall be made by a verified petition and shall set forth facts justifying the immediate return of the original.

(4) The Court may make such order as it thinks fit for the costs of any or all the parties to any application under sub-rule (1). The Court may further direct that any costs incurred in complying with or paid on application under sub-rule (1) or incurred in complying with the provisions of Rule 5 of this Order, shall be included as costs in the cause.

(5) Subject to the provisions of Rule 8 above, where a document is produced by a person who is not a party to the suit and such person applies for the return of the document as hereinbefore provided and undertakes to produce it whenever required to do so, the Court shall, except for reasons to be recorded in writing, require the party on whose behalf the document was produced, to substitute with the least possible delay a certified copy for the original, and shall thereupon cause the original document to be returned to the applicant and may further make such order as to costs and charges in this behalf as it thinks fit. If the copy is not so provided within the time fixed by the Court, the original document shall be returned-to the applicant without further delay.’

Orissa.- Sub-rule (1-A) as added earlier, deleted (25-5-1984).

Patna.- Add the following as sub-rule (1-A):

“(1-A) Where a document is produced by a person who is not a party in ;he proceeding the court may require the party on whose behalf the document is produced, to substitute a certified copy for the original as hereinbefore provided.”

Punjab, Haryana and Chandigarh.- To sub-rule (1) the following further proviso was added:

“Provided further that the cost of such certified copy shall be recoverable as a fine from the party at whose instance the original document has been produced.” (24-11-1927); Act 31 of 1966, Sections 29 and 32’ (1-11- \1966).

 

 

 

 

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