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2014 Supreme(Kar) 1014

N.KUMAR
Rupen Patel – Appellant
Versus
Gopalan Enterprises (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant : Saravana S. for D.R. Ravishankar for Lex Nexus
For Respondents: V. Ramesha Babu for Chalapathy and Srinivas

ORDER :

N. Kumar, J.

1. This writ petition is filed by the plaintiff challenging the order passed by the Trial Court dismissing I.A. No. 6 seeking return of Ex.P35, Original Sale Deed. The grievance of the petitioner is that the law does not require any reasons to be assigned by a party for taking back the original document which is already marked in evidence and therefore, the impugned order needs to be set-aside.

2. Order 13, Rule 9 of the Code of Civil Procedure that provides for Return of Admitted Documents reads as under:

"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 ti














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