Get original property documents from court after judgement
2 years ago
What is the procedure to get back the original documents from court after judgement? The case was closed in 1998. But still property document is not obtained from court. How to check the documents is still in the court and what's the procedure to get back the original documents?
Sidhaarth
Responded 2 years ago
Generally the records related to all the cases pending or closed are kept safely in the record room of the concerned court. It order to get those record after the judgement there is procedure which need to be followed after the judgement. The procedure being you have submit the request of getting the record by the information slip and along with the information slip you'll have to attach the xeros of the property documents and an identity proof.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You could obtain those record from the record room of that court whether high court or subordinate court. You just need to provide the xerox of the property paper and identity proof with the request slip. After this procedure you could obtain the same from the court.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If the matter is in Lower Court,then immediately file an Information Slip in that Court specifying the particulars of the matter asking information regarding the matter records and then take necessary steps in the Seresta of the concerned Court to find out the matter records. Then it is necessary on your part to file application with xerox copies of those original documents along with your identity proofs,praying for return of those Original documents, keeping those xeroxes in the records of the matter. After necessary Order from the Ld.Court,you will be entitled to get the original documents back to your custody.
A.Dear Sir,
You may file application under Order 13 Rule 9 of Civil Procedure Code to get back your documents.
ORDER XIII-PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
9. Return of admitted documents— (1) Any person, whether a party to the suit or not, desirous of receiving
back any document produced by him in the suit and placed on the record shall, unless the document is
impounded under rule 8, be entitled to receive back the same,—
(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and
(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring
an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the
appeal has been disposed of :
[180] [Provided that a document may be returned at any time earlier than that prescribed by this rule if the
person applying therefor—
(a) delivers to the proper officer for being substituted for the original,—
(i) in the case of a party to the suit, a certified copy, and
(ii) in the case of any other person, an ordinary copy which has been examined, compared and certified in
the manner mentioned in sub-rule (2) of rule 17 of Order VII, and
(b) undertakes to produce the original, if required to do so :]
Provided also, that no document shall be returned with, by force of the decree, has become wholly void or
useless.
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You will have to replace the original documents with the certified copies.
You can take the help of a lawyer to do all this or even can do yourself.
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