1) you have to make application to court to release your original documents filed in court
2)court will permit you to take back your original documents on furnishing xerox copies .
3) no need to file any separate suit
Release of original document submitted by defendant
I had filed an Original suit against the Defendants for cancellation of unlawful sale deed executed by Defendant 1 to Defendant 2 and the court decreed in my favour and ordered cancellation of sale deed on 15/07/2015 and the property was restored back to me. I had given my sale deed of the suit schedule property to defendant No 1 which he had produced in the court as `unmarked copy` during the pendency of the case. As now that I have won the case and Defendants have not filed any appeal, can I take back my Original sale deed of the suit schedule property submitted by Defendant by submitting an IA for release of my Document or do I need to file a separate suit for the same. If I can take back by filing IA are there any Supreme court ruling for the same. Pl. advice.
Asked 8 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
10 Answers
You can apply to the court to release the document as no appeal has been prefered by the defendant. There is no need to file a separate suit for the same. The court may release it instantaneously.
We have already filed an IA for release of Documents and the court has sent a notice to defendants. But now my Advocate feels it is better to file a separate suit because the Judge may not be in a position to release even if the defendants do not appear or object to release , as the same was not asked in the prayer of original suit and may not be able to do without a court order. Is that true? ANY SUPREME COURT ORDER. PL. GIVE DETAILS
Asked 8 years ago
1. Yes ,after the expiry of appeal period you can ask for return of original documents.
2.However to get this back you have to file a written petition providing photocopies of each document which you wish to take back and to give an undertaking to deposit the original whenever you are called for in the event of preferring of appeal in future.
1) no need to file separate suit .
2) suit has been disposed of .
3) have the papers produced , issue notice to defendants and court will permit return of originals . you have to file photocopies of said documents in court
4) you dont need specific prayers in the suit for return of original documents
Our lawyer feels that the Judge may not directly give the documents in the case of written application and inturn order the defendant to give the same after taking back from the court. In such case Defendant who is a fraud may not take back the documents at all. He strongly feels in absence of any decree court may not give documents directly. I have asking for some SC order on the same.Pl. provide the same Pl.
Asked 8 years ago
What decree? The decree is surely passed .Then is the question of passing another decree?
Your question is vague.
1) you should in such case go by your lawyer advise .
2) file separate suit for return of original documents .
3) am not aware of any Sc judgment on said issue
As now that I have won the case and Defendants have not filed any appeal, can I take back my Original sale deed of the suit schedule property submitted by Defendant by submitting an IA for release of my Document or do I need to file a separate suit for the same. If I can take back by filing IA are there any Supreme court ruling for the same. Pl. advice.
Yes you can file an IA seeking the original sale deed which is on your name, giving justifying reasons for taking it back though this document was filed by the defendant.
You may state before the court that it is because of this document he was able to cancel and fabricate a new sale deed document which has since been nullified by the court.
We have already filed an IA for release of Documents and the court has sent a notice to defendants. But now my Advocate feels it is better to file a separate suit because the Judge may not be in a position to release even if the defendants do not appear or object to release , as the same was not asked in the prayer of original suit and may not be able to do without a court order. Is that true? ANY SUPREME COURT ORDER. PL. GIVE DETAILS
You need file a separate suit to retrieve the document standing on your name. Since yo have filed the IA why dont you wait until the process o servicing summon is finished and he appears before court on the next date of hearing.
Though you have not made a prayer in the original sit to retrieve the document, you can now pray to get it back because the said document was produced by the defendant hence there was no reason for making a prayer to this effect in the main suit.
Our lawyer feels that the Judge may not directly give the documents in the case of written application and inturn order the defendant to give the same after taking back from the court. In such case Defendant who is a fraud may not take back the documents at all. He strongly feels in absence of any decree court may not give documents directly. I have asking for some SC order on the same.Pl. provide the same
For supreme court order you may browse through the website containing the judgments of your choice.
If your lawyer opines that the court may pas an order the way how you apprehend then you can get a certified copy from the court and afterwards if the judgement is pronounced the way you anticipate then you can file an execution petition against the defendant to deliver the documents as per the court order. He will not have any chance to oppose this.
When the suit has been disposed by the court the court has to return the original documents filed by the parties, if applied for by them. If the document has been filed by the defendant then notice will issue to him to file his objections. If the defendant files his objections then you may have to file a separate suit.