RUPEN PATEL Vs. GOPALAN ENTERPRISES (INDIA) PVT. LTD.

JUDGEMENT

(1.) This writ petition is filed by the plaintiff challenging the order passed by the Trial Court dismissing I.A. No. 6 seeking return of Ex.P35, Original Sale Deed. The grievance of the petitioner is that the law does not require any reasons to be assigned by a party for taking back the original document which is already marked in evidence and therefore, the impugned order needs to be set-aside.

(2.) Order 13, Rule 9 of the Code of Civil Procedure that provides for Return of Admitted Documents reads as under:

(3.) A reading of the aforesaid provision makes it clear that a person who produces a document in the Court, is entitled to receive/take back the same in the following circumstances: -