Return of document

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
i filed an application under order 13 rule 9 of cpc for return of documents. the judgment and decree was an exparte decree and the documents were taken on record which is reflected in the decree where in they are given exhibit numbers but unfortunately the judge has not endorsed on the document that it is admitted in evidence. Now the court says we cannot return the documents since the same were not admitted as per the provisions of order 13 rule. my query is how are these documents to be treated. just becausethe judge has not endorsed on the document as admitted but in the decree it is stated it is admitted how to cure this defect under what provision of law can i get back the documents any case law in this regard

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Deepak Nair (Expert) 16 December 2011
Hi,
Sorry, I cannot solve your query.
Even I am waiting for comments from experts.
Any ways, good query.

Nadeem Qureshi (Expert) 16 December 2011
file a review application before the court or get certified copy of the documents.

Advocate. Arunagiri (Expert) 16 December 2011
the court ought to return the documents, You can file a review petition.

Raj Kumar Makkad (Expert) 16 December 2011
If your application by that court has been rejected then review is the further option. In my view, the approach of the court is totally erroneous keeping in view the judgment ibid. The court cannot punish a litigant for its own lapse.

Dayananda Gowda (Expert) 17 December 2011
If the documents are marked or not it is not a fatal. It is the duty of the court to return the documents after disposal of suit ( if the documents are original) you have to wait up to appeal period. First you have to get the certified copies of the documents and there after the application and produce the certified copies of the said documents along with the application.

Shailesh Kumar Shah (Expert) 18 December 2011
agree with views of Learned experts.

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