Order XIII Rule 9

Return of admitted documents

Production, Impounding and Return of Documents, in the First Schedule to The Code of Civil Procedure, 1908

(1) Any person, whether a party to the suit or not, desirous of receiving back any documents 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:

1[Provided that a document may be returned at any time earlier then 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 certified 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 of Order VII, and

(b) undertakes to produce the original, if required to do so:]

Provided also, that no document shall be returned with, 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.

1. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977).

How this Rule is cited

It is written both ways, and both mean this Rule: Order XIII Rule 9 CPC and Order 13 Rule 9 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 13 Rule 9 CPC, Order XIII Rule 9 CPC. Each opens the full-text search over every order eCourtsIndia holds.

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