Madras High Court
B.Muthupandi vs The Madurai City Municipal ... on 23 December, 2021
C.R.P(PD) (MD) No.2072 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(PD) (MD) No.2072 of 2021
B.Muthupandi .. Petitioner/11th Petitioner/
11th Plaintiff
-vs-
1.The Madurai City Municipal Corporation,
Through its Commissioner,
Anna Maligai, Melur Road,
Madurai. .. 1st Respondent/Respondent/
Defendant
2.A.Ramu
3.Muthammal
4.P.Palpandi
5.P.Kannan
6.Periyasamy
7.P.Ganesan
8.P.Chinnasamy @ Pandi
9.P.Karuppiah (Died)
10.P.Sundar
11.M.Bose
12.B.Ramesh
13.B.Sathishkumar
14.B.Chinnan
15.Gowsalya
16.Minor Gayathri
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C.R.P(PD) (MD) No.2072 of 2021
17.Minor.Manikandaprabhu
18.Minor Saranya .. Respondents 2 to 19/
Petitioners 1 to 10 & 12 to 19/
Plaintiffs 1 to 10 & 12 to 19
Prayer :- Petition filed under Article 226 of the Constitution of India to
set aside the order dated 22.10.2021 passed in the application in I.A.No.
530 of 2021 in O.S.No.767 of 2004 on the file of the Principal District
Munsif Court, Madurai Town so far as the direction to obtain certified
copies of the marked exhibits.
For Petitioner : Mr.J.Barathan
For R1 : Mr.K.K.Kannan,
Standing Counsel
******
ORDER
This revision is filed challenging the order dated 22.10.2021,
passed by the learned Principal District Munsif, Madurai, directing the
petitioner to take a return of Ex.A1 to Ex.A54 after obtaining certified
copy of the same and on an undertaking.
2. Learned Standing Counsel for the 1st respondent has no
objection to the exhibits being handed over without obtaining the
certified copy of the same.
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C.R.P(PD) (MD) No.2072 of 2021
3. Learned counsel for the petitioner would submit that most times,
the procedure contemplated under Order XIII Rule 9 of the Civil
Procedure Code (for brevity “CPC”), pertaining to the return of the
documents admitted in evidence, is not being followed. Therefore, this
Court is called upon to make observations on the same.
4. Order XIII CPC relates to the procedure for the production,
impounding and return of documents. Rule 1 talks about the production
of the original documents at or before the settlement of issues.
4.1. Rule 7 talks about the admission of the documents in evidence
and the return of the rejected documents.
4.2. Rule 7(1) provides that where a document is admitted in
evidence or a copy of the original is substituted as contemplated under
Rule 5, then such documents would form part of the records. The
documents which are not admitted in evidence and which does not form
part of the record shall be returned to the persons who have produced
them.
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C.R.P(PD) (MD) No.2072 of 2021
4.3. Rule 8 talks about the impounding of documents.
4.4. Rule 9 is the provision, which permits the return of
documents, which have been admitted under Order VII Rule 13. Order
XIII Rule 9 provides that any person whether he is a party to the suit or
not, who desires to receive back the admitted documents, is entitled to
receive the same providing the document is not impounded under the
provisions of Rule 8. The return is contemplated under two
contingencies viz., (a) whether the suit is one where there is no provision
for appeal and the suit is disposed of; and (b) whether there is an appeal
allowed against the judgment and decree and the Court is satisfied that
despite the time for filing an appeal has lapsed, the appeal has not been
preferred or the appeal if preferred has been disposed of. Proviso to Rule
1 provides that a document may be returned at an earlier point if (a) the
person applying for the document delivers to the proper officer, the
documents to be substituted for the original document of which a return
is sought for; (b) in a case of a party to the suit, a certified copy of the
same shall be produced and in all other cases, an ordinary copy which
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C.R.P(PD) (MD) No.2072 of 2021
has been examined and certified in the manner provided in Order VII
Rule 17(2), along with an undertaking to produce the original if so
required. Therefore, a reading of Rule 9 provides that document
admitted in evidence can be taken return of in case where the suit has
been disposed of and where no appeal has been preferred or where an
appeal has been disposed of. The proviso provides the procedure where
documents are sought to be taken return of before the disposal of the suit
or before disposal of the appeal. In such a contingency, the documents,
which are sought to be taken return of, should be substituted with a
certified copy in case of a party to the suit and in other cases, by copy as
provided in the Order VII Rule 17(2) CPC and an undertaking is also
required to be taken to produce the original as and when required.
Therefore, a substitution of the original as a certified copy and an
undertaking is contemplated only in cases where the return of document
is taken when the suit is pending disposal or the appeal is pending
disposal. In case where the suit and appeal disposed of, the substitution
of the document with its certified copy and undertaking is not
contemplated under the provisions of Order XIII Rule 9 CPC.
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C.R.P(PD) (MD) No.2072 of 2021
5.In view of the fact that the learned Standing Counsel for the 1st
respondent has no objection to the exhibits being handed over and since
no appeal has been preferred, the documents shall be returned without
obtaining the certified copy of the same. This Civil Revision Petition is
allowed and the learned Principal District Munsif, Madurai, is directed to
handover the exhibits without insisting on the certified copy of the same
and on an undertaking. No costs. Consequently, connected
miscellaneous petition is closed.
23.12.2021
Index : Yes/No
Speaking/Non-Speaking Order
abr
Note:-
In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
Advocate / litigant concerned.
To
The Principal District Court, Madurai.
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C.R.P(PD) (MD) No.2072 of 2021
P.T.ASHA, J.
abr
C.R.P.(PD) (MD) No.2072 of 2021
Dated: 23.12.2021
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