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2021 Supreme(Online)(MAD) 52829

HIGH COURT OF MADRAS
Hon`ble Ms.Justice P.T.ASHA
B.MUTHUPANDI – Appellant
Versus
THE MADURAI CITY MUNICIPAL C – Respondent


ORDER

This revision is filed challenging the order dated 22.10.2021, passed by the learned Principal District Munsif, Madurai, directing the petitioner to take a return of Ex.A1 to Ex.A54 after obtaining certified copy of the same and on an undertaking.

2. Learned Standing Counsel for the 1st respondent has no objection to the exhibits being handed over without obtaining the certified copy of the same.

3. Learned counsel for the petitioner would submit that most times, the procedure contemplated under Order XIII Rule 9 of the Civil Procedure Code (for brevity “CPC”), pertaining to the return of the documents admitted in evidence, is not being followed. Therefore, this Court is called upon to make observations on the same.

4. Order XIII CPC relates to the procedure for the production, impounding and return of documents. Rule 1 talks about the production of the original documents at or before the settlement of issues.

4.1. Rule 7 talks about the admission of the documents in evidence and the return of the rejected documents.

4.2. Rule 7(1) provides that where a document is admitted in evidence or a copy of the original is substituted as contemplated under Rule 5, then such documents would

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