How to take back original documents from Court? कोर्ट से मूल दस्तावेज कैसे वापस लें? I عدالت سے اصل دستاویزات کیسے واپس لیں؟

 A party to a case may request the return of the original documents submitted to the Court after the case has been finalized. Generally the Courts are obliged to return the original documents to their rightful owner provided the party files an appropriate application for the return of the documents.

At the conclusion of a case or after a final judgment or order has been passed by the Court, or when the period of Appeal expires or the case is completely resolved, a party in the said case has his legal right to take the original documents dully submitted by him.   

    As per Order XIII Rule 9 of the Code of Civil Procedure (CPC), a party is entitled to get back his original documents unless the documents have been seized by the Court or they have become invalid or worthless by reason of a Decree.

 

Procedures:

The process of getting the original documents back generally includes:

👉Filing an application in court for the return of documents after the case is over and the appeal period has passed. 

👉Providing certified copies of the documents which the party wishes to take back, so that they can be placed on record in place of the original documents. 

👉Undertaking to produce the original documents if required in any future proceedings.

     If the case involves an appeal, the original documents can be returned only if the appeal period has expired and no appeal has been filed, or the appeal has been disposed of.

    However, the return of original documents during ongoing proceedings is generally at the discretion of the court, which considers the necessity and risk associated with releasing the documents before making a final decision.

       Furthermore, in cases where the original documents are important pieces of evidence, the Court may refuse to return them until the matter is completely resolved to avoid any interference with the judicial process and to ensure that the documents remain available for inspection, cross-examination or future reference.

Legally, Courts are responsible for the security of documents produced during litigation. If the party needs to use the original documents for other purposes or other legal matters, the Court may allow temporary return subject to the filing of certified copies with an undertaking.

 

How to get the original documents back from the Court?

You can follow the steps given below to get the original document back from the Court:

➤File application for return of documents:

    You should submit an application for return of the original documents before the Court and request to return the original documents produced by you in the said case.

 This application must include details of the case such as:

• Case number
• Name of parties
• Date of final decision and
• A list of the original documents you wish to withhold from the Court.

 

➤Submit Supporting Documents:

    You should submit a copy of the final judgment or order of the Court and certified copies of the original documents along with this application, so that the Court retains the record even after the original documents are returned.

 

➤Appear before the Court at the hearing:

    The Court may fix a date for hearing the application submitted by you. During this hearing, the Court will ensure that the case is closed and the return of the original documents will not affect any ongoing legal cases.

 

➤Collect Documents:

    Once the Court approves your application and all the conditions are met, the Court office will inform you of the approval, and finally you can collect the original documents from the Court registry/Record Keeper. 

 

The Karnataka High Court in the case of R.Shankar Versus E.Rammohan Choudhary held that, Order XIII Rule 9 of the Code of Civil Procedure 1908 should be applied to recognize the real owner of the documents, irrespective of who produced them during the trial.