Order XIII Rule 9 CPC: Return of admitted documents

Order XIII Rule 9: Return of admitted documents

(1) Any person, whether a party to the suit or not, desirous of receiving back any documents 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: ¹[Provided that a document may be returned at any time earlier then that prescribed by this rule if the person applying therefor—

(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 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.

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977).

Questions on this rule

1 question in 9 of our papers cite Order XIII Rule 9. Try these from the free papers:

1. In a suit decided by a Civil Judge, X, who was not a party, had produced a sale deed that was admitted in evidence and placed on the record. The decree declares that sale deed void and of no effect, and the time for appeal has expired without any appeal. The deed has not been impounded. X applies under Order XIII Rule 9 of the Code of Civil Procedure, 1908 for its return. The application: