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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 therefore-
(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) 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 with, 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 in Madras.
Bombay.-
In Order XIII, in rule 9, in sub-rule (1), after the first proviso, insert the following proviso, namely:-
"Provided also that a copy of the decree and of the judgment filed with the memorandum of appeal under Order XLI rule 1, may be returned after the appeal has been disposed of by the Court." (w.e.f. 1-10-2023).
Gujarat.-
(i) In Order XIII, in rule 9, in sub-rule (1), after first proviso insert a second proviso which is same as in Bombay.
Karnataka.-
In Order XIII, in rule 9, after sub-rule (2), insert sub-rules (3) and (4) as in Madras with substitution in sub-rule (3) of the words "verified in the manner prescribed for verification of plaints" for the words "made by a verified petition".
Kerala.-
Same as in Madras, (w.e.f. 9-6-2024)
Madras.-
In Order XIII, in rule 9, after sub-rule (2), insert the following sub-rules, namely:-
"(3) Every application for return 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 the rule 5 of this Order, shall be included as costs in the cause."
Patna.-
In Order XIII, in rule 9, after sub-rule (1), insert the following sub-rule, namely:-
"(1A) Where a document is produced by a person who is not a party in the proceeding the Court may require the party on whose behalf the document is produced, to substitute a certified copy for the original as hereinafter provided."
*Subs, by Act No. 104 of 1976, for the proviso (w.e.f. 1-2-2024).
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