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Legal Provisions for Return of Admitted Documents under the Code of Civil Procedure, 1908
Let’s delve into the legal provisions of the return of admitted documents under the Code of Civil Procedure, 1908. The experts at SimranLaw, a Law Firm, have years of experience navigating these complex legal issues and have dissected these complex legislations to provide a better understanding.
Understanding ‘Return of Admitted Documents’
Documents admitted in a case are typically retained by the court for reference or record purposes till the conclusion of the case. However, there are certain circumstances in which a party to the lawsuit may need the documents before the completion of the case. Section 65 of the Code of Civil Procedure, 1908, provides for such situations, detailing the conditions under which admitted documents may be returned.
The Stipulation of Section 65
- Return of admitted documents during pendency of suit or proceeding: Here, any documentary evidence produced and admitted by a party during a suit or proceeding can be returned to them if they are not required at that time.
- Condition for return: This usually happens only when the document is not needed immediately by the court or can be adequately reproduced in some other form.
- Security for return: On returning any such document, the court may take such security from the party applying for its return as it thinks fit.
Case Laws Interpreting Section 65
To better understand this provision, let’s consider some relevant case laws:
- Kailash Chand vs Madan Lal and Anr [AIR 1980 Raj 12]: In this case, the court held that if a document is admitted into evidence, then regardless of the dispute over its veracity, the document cannot be returned unless it is duly replaced with a certified copy.
- Ram Sarup vs Munshi & Ors [AIR 1963 SC 553]: This Supreme Court ruling clarified that under Section 65, when an original document is proposed to be returned, it can be returned only when a certified copy has been produced to its satisfaction.
- Subhash Chander vs Smt. Sheela Devi & Ors [AIR 1988 Delhi 271]: Here, the court affirmed that if a document becomes unnecessary or irrelevant in the suit proceedings, and if it does not harm the rights of the other party, it can be returned.
In essence, Section 65 allows for admitted documents to be returned to the party that submitted them during the pendency of the case provided certain conditions are met. This ensures smooth execution of legal proceedings without causing undue inconvenience to any party.