Documents not admitted remain at the plaintiff's risk, but may be returned for specific purposes with an undertaking to produce them at trial.

9.S.Ramesh Kumar ... Respondents Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order XIII Rule 9 and Section 151 of Code of Civil Procedure, to direct the Registry to return the original plaint document Nos. 1, 2, 3, 6, 7, 9, 11 and 15 filed by the plaintiff in C.S. No.

955 of 2017 and substitute the same with certified copy of the same.

For applicant : M/s.R.Ramya For Respondents : M/s.F.Kamal Baig (D9)

Mr.T.M.Mano (D10)

Mr.M.Nandakumar (D3)

Mr.M.Jawahar (D1)

O R D E R

The application has been filed to return the original plaint document Nos. 1, 2, 3, 6, 7, 9, 11 and 15 filed by the plaintiff in C.S. No.

955 of 2017 and substitute the same with certified copies of the same.

2. The learned counsel for the applicant /plaintiff submitted that the above documents mentioned in the Judges Summons are required for the purpose of auditing and for the above purpose, the original of those documents already filed along with the plaint have to be returned by substituting them with the certified copies of the same.

3. The above application has been opposed by the fifth respondent, who has filed his counter stating that the fifth respondent is not able to understand what kind of accounting and auditing the above documents are required.

4. On perusal of the counter filed by the fifth respondent, excepting the above points the rest of the points pleaded in the counter are about the merits of the case, which are not relevant to the application filed to return of documents seeking permission to substitute them with the certified copies.

5. On perusal of the plaint, the documents against Sl. Nos. 1, 2, 3, 6, 7, 9, 11 and 15 filed by the plaintiff in C.S. No. 955 of 2017 are described as under:-

6. Admittedly, these documents were not in the custody of the defendants at any time before.

7. The learned counsel for the applicant /plaintiff submitted that as per Order XIII Rule 9 of the Code of Civil Procedure, 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.

8. However, the above procedure is with regard to the admitted documents, but now these documents, which are sought to be returned are not admitted documents. Hence, it is at the pleasure of the applicant /plaintiff either to retain the documents or to get back the documents. It is at the risk of the plaintiff to produce these documents again if at all the plaintiffs intend to mark these documents as evidence on the side of the plaintiff.

9. As the documents now sought are unexpected documents and the appl