The main legal point established in the judgment is that the requirements of Order 13, Rule 9 of the Civil Procedure Code must be met to justify the return of documents.

S. Manikumar, J.

Being aggrieved by the docket order, dated 22-8-2012 made in I. A. No. 5 of 2012 in 0. S. No. 117 of 2010, on the memo, for return of documents, filed by defendants 2 and 3, in the above suit, filed for a direction to the defendants to execute a sale-deed, in favour of the plaintiff firm, after receiving the balance sale consideration of Rs.24,04,500/- or in the alternative, the Court below to execute the sale-deed, in favour of the plaintiff firm, after depositing the balance sale consideration, into the Court's account, the present civil revision petition has been filed. Before the Court below, the plaintiff has also sought for an interim injunction, restraining the defendants from alienating and trespassing into the suit properties.

2. After contest, the learned District Judge, Kancheepuram, has dismissed the suit, vide judgment and decree, dated 23rd December, 2010. Thereafter, the defendants 2 and 3/revision petitioners have filed a memo, for return of documents, Exs. B 1 to B 14. Notice has been ordered to the plaintiffs counsel. Objecting to the request for return of documents, the plaintiff has filed a memo, stating that an appeal has been filed against the judgment and decree in O. S. No. 117 of 2010, dated 23-12-2010. The learned Additional District Judge, No. II, Kancheepuram, by recording that an appeal has been filed, the original documents will have to be sent to the High Court and on that ground, refused to return the documents.

3. Assailing the docket order, Mr. S. Concious Ilango, learned counsel for the revision petitioners/defendants 2 and 3 submitted that the trial Court ought to have permitted the petitioners to replace Exs. B 1 to B 14, with certified copies, whenever required and that when a specific undertaking was given in the memo, to make the documents, available at the appellate stage, the Court below, ought to have returned the original documents, Exs. B 1 to B 14 to the defendants 2 and 3, by replacing them with certified copies, whenever required. He also submitted that except the memo, stating that an appeal has been filed, no document, such as, grounds of appeal, affidavit and petition, filed in the High Court, were produced by the plaintiff to prove that an appeal has been preferred before this Court. Hence, he submitted that the Court has failed to apply its mind to the above said facts and mechanically dismissed the application.

Heard the learned counsel for the parties and perused the materials available on record.

4. Order 13, Rule 9 deals with the re turn of admitted documents and that the same is extracted hereunder:

"(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 been 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 therefor.

(a) delivers to the proper officer for being substituted for the original,

(i) in the case of a party to the suit, a certificated 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 Order 7, 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."

5. Order 13, Rule 9, Civil Procedure Code has been amended. For Madras and