• How to retrieve documents submitted in court

I had submitted some of my property related documents in court. Now that I have won the case, I want my documents back. My advocate is not giving me any information on the same. How do I get my documents back? How much time will it take?
Asked 4 years ago in Civil Law

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21 Answers

1) you have to apply to court for return of original documents 

 

2)furnish certified copies of said documents 

 

3) court would permit you to take the original documents 

Ajay Sethi
Advocate, Mumbai
94855 Answers
7567 Consultations

5.0 on 5.0

1. You need an advocate to get return of the documents for which a new advocate can be engaged.

2. Then you need to file an application in court giving photocopy of the same documents seeking return of those with undertaking to return if called for once again. 

3. It's a simple procedure and if no appeal is pending the court returns the same. 

Devajyoti Barman
Advocate, Kolkata
22845 Answers
492 Consultations

5.0 on 5.0

Hi, the certified copies of the said documents can be obtained from the copying agency ..Also if they are original documents an application to the court has to be made stating your case title and date of order ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Apply for certified copy of those documents than submit application in court to replace the originals with certified copies. 

This is routine process is court. Do as soon as before documents may torn. Or if appeal file agaisnt the order than record will call by higher court. Will become tough than.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

The procedure of taking such document from court is to apply for and get the certified copy of the documents submitted by you. After receipt of document received, file an application in the Court for release of the documents. The court grants the permission for the same and certified of the document to be submitted in the court and original documents are given back by the court (ahalmad). 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. You may file an application before court praying to get the original documents back, the court shall pass an order on your misc. Application and order concerned department of court to handover the documents to you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi 

A party who has submitted the document as part of his evidence can make an application under Order 13, Rule 9(1) of civil procedure code and obtain the documents that had been submitted. 

However, if an appeal has been filed, court may or may not hand over the document unless and until the appeal has been decided. 

Time for return of documents will take any where between 3-6 months depending on which court(junior/senior/district) the matter has been adjudicated. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You have to file a simple application for the release of documents from the court file.

Mention that the case is over and the documents are no more required on court file.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. You can apply for the return of the orginal and they shall be returned. In the final order of the court there is always a disclaimer as to how long the court will retain the original.
  2. Ask your lawyer to apply for it. If he is not inclined, you can make the application yourself by paying a prescribed fee.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

 - As per law, you have your  legal right to take back the documents filed by you in court during the proceeding , specially after the finalization of the case . 

- Firstly you should apply for getting the certified copies of those documents which you need from the court record.

- Further , after getting the said copies , you should move an application for allowing to take the documents along-with the certified copies, before the said court , where it has finalized , ie. you have won the case. 

- Same day court will pass its direction to the concerned staff to issue the same . 

- For getting certified copies , it will maximum take 7 days of time , but depends on the burden of the court. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13307 Answers
198 Consultations

5.0 on 5.0

You can file an application in the court to seek the said documents after appeal period with a undertaking that it will be produced to the higher court if needed and directed

Prashant Nayak
Advocate, Mumbai
31997 Answers
183 Consultations

4.1 on 5.0

You need to make an application through your Advocate for return of documents (marked & unmarked).

You need to substitute certified copies of the original documents to the court.

The court will return your original documents to you, it will take around two weeks to three weeks.

If the case you won is under Appeal, it will take time.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

have you submitted the property documents in original?

1. anyway, you can apply to the concerned court about return of the original documents through an application,

2. you have to provide the certified copies of said documents to the court,

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. Has an appeal been filed by the opponent to challenge the judgment/decree? If yes, has record of the trial court been requisitioned by the appellate court?

2. File an application in the trial court to seek the return of original documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It may be taken back by filing an application before the court where the case was pending. The court shall order release of the documents.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Respected sir...

You have to file an application to release that documents court will verify that at different levels then your documents will be released by court order that is cingine in record room...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

If your advocate is not cooperating with you to retrieve your documents from court, you may first file a copy application seeking certified copy of the relevant documents that you desire to retrieve from the court.

Once you are getting it, then you file an application befor the same court seeking return of original documents you desire to get back by replacing this certified copy with the court. records. 

You can file all these applications by yourself as a party in person without the help of your advocate also.

In case of any problem the court staff may be approached who will be able to guide you about the procedures to be followed.

T Kalaiselvan
Advocate, Vellore
85055 Answers
2212 Consultations

5.0 on 5.0

1. Make an application in court from where the cases was decided for release of original documents from case file.

2. It can take around a month as court give order for releasing the documents after pursuing reports from various departments.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

apply for the original documents by filing a petition under Order 13 Rule 9 of CPC r/w Sec 151 in the court where the parties have filed the original. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Ans: You shall file for the certified copy of the documents filed by you in the registry of the court where you had fought your case. 

Otherwise you may also make an application for return of the originals before the court and the judge will pass appropriate orders. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

It is better to settle with your lawyer amicably and get back the necessary papers from court now that you have won the case. Or else, please check with the court registry directly, and follow the procedure they state. 

Swaminathan Neelakantan
Advocate, Coimbatore
2809 Answers
20 Consultations

4.9 on 5.0

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