Des Raj alias Parbhatu and Another vs Raghunath Singh

S.K. Gupta, J.—By means of this application supported by an affidavit, the applicants seek the return of some of the documents filed with

the Revision Petition in this court, which stood decided on 28-8-2000 in invoking the provisions of Order 13, Rule 9 of the CPC. It was further

submitted that no special leave to appeal has been preferred against the final decision in the Supreme Court. The details of the documents filed with

the Revision Petition by the applicants are given in para No. 2 of the application. For facility of reference, the documents produced are detailed as

under :

Certified copy of the plaint of the suit titled Raghunath Singh v. Madan Lal Dt. 12-6-1980 filed by respondent in the Court of Munsiff R.S.

Pura.

Certified copy of written statement filed by the applicants in that suit.

Certified copy of the issues framed in that suit.

Certified copy of the order of Munsiff Court R. S. Pura dismissing the aforesaid suit dated 19-5-1983 along with order of the Court for awaiting

for the plaintiff dated 16-5-1983.

That the Revision was accepted and ex parte decree passed by the City Judge, Jammu was set aside. That the suit was remanded for hearing to

the Trial Court, which further stood transferred to Munsiff, R. S. Pura. In subsequent suit, the applicants stated to have taken a plea that as the

previously dismissed-in-default suit was not got restored by Raghunath Singh, as such, the subsequent suit was not maintainable. It is further

contended that fresh suit on the same cause of action against the same defendant, therefore, was barred under Order 9, Rules 8 and 9. In order to

support this plea, the applicants applied for certified copies of the documents described in para 2 of the application to the Munsiff, R.S. Pura. The

said application was returned with the report of the Record Keeper that the file of the suit could not be traced out on account of bad shape of the

record room. That the applicants, therefore, are left with no choice but to apply for the return of the certified copies of the documents placed with

the Revision Petition in alleging that these copies are no longer required with the file of the Revision Petition, as the decision dated 28-8-2000 has

assumed finality.

On a plain reading of Order 13, Rule 9, it is indisputably gatherable that original documents can be allowed to be taken away after placing its

certified copies on record. It is further contemplated by the Rule that returning of documents without following the procedure under this rule is a

material irregularity in the exercise of jurisdiction. Proviso to Order 13, Rule 9 is relevant in this case and is reproduced as under ;

(b)............ Provided also that no document shall be returned which, by force of the decree, has become wholly void or useless.

It clearly envisages that original document filed can be returned only after its certified copies delivered to the proper officer for being substituted

for the original. The Rule cannot be stretched to mean the return of the document, which itself is a certified copy of the original, from the record of

the file. The document contemplated under this Order 13, Rule 9, for all intents and purposes, is employed as original document and hot the

certified copy.

The documents sought to be returned by the applicants being not the original and only the certified copies, cannot be returned in terms of Order

13, Rule 9 of the CPC.

In the facts and circumstances of the case, the application possessing no merit is hereby dismissed.