Rule 9 of CPC : Rule 9: Return of admitted documents.

CPC

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Explanation using Example

Example 1:

Scenario: Rajesh files a civil suit against his neighbor, Suresh, for encroaching on his property. During the trial, Rajesh submits the original sale deed of his property as evidence. The court admits the document and places it on the record.

Application of Rule 9:

  • When the suit is disposed of without an appeal: The court rules in favor of Rajesh, and Suresh does not appeal the decision. Rajesh can apply to the court to get his original sale deed back once the suit is disposed of.
  • When the suit is disposed of with an appeal: If Suresh decides to appeal the decision, Rajesh can only get his original sale deed back after the appeal is resolved and no further appeals are filed.

Early Return of Document:

  • Rajesh needs the original sale deed for another legal matter before the suit is disposed of. He can request the court to return the document earlier by providing a certified copy of the sale deed to the court and undertaking to produce the original if required.

Example 2:

Scenario: Meera, a third party, submits a lease agreement as evidence in a civil suit between two other parties, Anil and Sunita, regarding a rental dispute. The court admits the lease agreement and places it on the record.

Application of Rule 9:

  • When the suit is disposed of without an appeal: The court resolves the dispute, and neither Anil nor Sunita appeals the decision. Meera can apply to the court to get her original lease agreement back once the suit is disposed of.
  • When the suit is disposed of with an appeal: If either Anil or Sunita appeals the decision, Meera can only get her original lease agreement back after the appeal is resolved and no further appeals are filed.

Early Return of Document:

  • Meera needs the original lease agreement for her personal records before the suit is disposed of. She can request the court to return the document earlier by providing an ordinary copy of the lease agreement, which has been examined, compared, and certified, and undertaking to produce the original if required.

Example 3:

Scenario: A company, XYZ Pvt. Ltd., submits its financial statements as evidence in a civil suit against another company, ABC Ltd., for breach of contract. The court admits the financial statements and places them on the record.

Application of Rule 9:

  • When the suit is disposed of without an appeal: The court rules in favor of XYZ Pvt. Ltd., and ABC Ltd. does not appeal the decision. XYZ Pvt. Ltd. can apply to the court to get its original financial statements back once the suit is disposed of.
  • When the suit is disposed of with an appeal: If ABC Ltd. decides to appeal the decision, XYZ Pvt. Ltd. can only get its original financial statements back after the appeal is resolved and no further appeals are filed.

Early Return of Document:

  • XYZ Pvt. Ltd. needs the original financial statements for an audit before the suit is disposed of. The company can request the court to return the document earlier by providing a certified copy of the financial statements to the court and undertaking to produce the original if required.
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