under 13 rule 9
2 months ago
dear sir my cvil suit bearing No 115/2021 was disposed on dated 04/09/2023 being compromise by the parties that the plaintiff obtain the certified copies and want to substitute with original document the Hon'ble court civil judge senior division Bhawanipatna, Kalahandi rejected my application for the return of document . what to do sir please help me in this regard.
A.Dear Client,
According to Order 13, Rule 9 of the CPC, any person, whether a party to the suit or not, who wishes to reclaim a document produced by them in the suit and placed on record can do so by applying to the trial court, unless the document is impounded under Rule 8. It is important to note that any order or judgment from a Civil Court can be contested by filing an appeal before the High Court within 90 days of the judgment or order. Although filing an appeal against the disposal order dated 04/09/2023 is now time-barred, you still have the option to file an appeal under Sec.106 of CPC, accompanied by a petition for condonation of delay. In this petition, you should provide a valid reason for the delay. If the court finds merit in your reasons, the petition may be allowed; otherwise, it may be rejected at the time of admission. Seeking guidance from an advocate is advisable for proper assistance and steps in this matter.
According to Order 13, Rule 9 of the CPC, any person, whether a party to the suit or not, who wishes to reclaim a document produced by them in the suit and placed on record can do so by applying to the trial court, unless the document is impounded under Rule 8. It is important to note that any order or judgment from a Civil Court can be contested by filing an appeal before the High Court within 90 days of the judgment or order. Although filing an appeal against the disposal order dated 04/09/2023 is now time-barred, you still have the option to file an appeal under Sec.106 of CPC, accompanied by a petition for condonation of delay. In this petition, you should provide a valid reason for the delay. If the court finds merit in your reasons, the petition may be allowed; otherwise, it may be rejected at the time of admission. Seeking guidance from an advocate is advisable for proper assistance and steps in this matter.
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A.Dear Client,
Under Order 13, Rule 9 of CPC, 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 on application from the trial Court. It may be noted further that any order or judgment of a Civil Court may be challenged by filing an appeal before the High Court within 90 days from the date of judgment or order. An appeal against the disposal order dated 04/09/2023 is now barred by limitation. Still, you can file an appeal under Sec.106 of CPC with a petition for condonation of delay explaining therein a valid reason behind the delay. If your reasons deserve merit your petition may be allowed by the Court otherwise it may be rejected on the day of admission. Reach out to an Advocate for guidance and steps.
Under Order 13, Rule 9 of CPC, 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 on application from the trial Court. It may be noted further that any order or judgment of a Civil Court may be challenged by filing an appeal before the High Court within 90 days from the date of judgment or order. An appeal against the disposal order dated 04/09/2023 is now barred by limitation. Still, you can file an appeal under Sec.106 of CPC with a petition for condonation of delay explaining therein a valid reason behind the delay. If your reasons deserve merit your petition may be allowed by the Court otherwise it may be rejected on the day of admission. Reach out to an Advocate for guidance and steps.
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