Dis.No. /Admn/2017 Dt. 07-12-2017.
C I R C U L A R
Sub:- Courts – Civil –
Return of un-filed documents - Certain instructions issued.
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It is brought to
the notice of the undersigned that, the parties in civil cases are filing
documents for the purpose of evidence in various suits or other proceedings and
out of them certain documents remain unmarked for various reasons and later the
parties are approaching the Courts for return of those unfiled/un-marked
documents filed in such cases, and certain Courts are insisting for filing
petitions for return of documents and also passing orders for return on
substitution of certified copies. Thereafter, the litigant parties are filing copy
applications for issue of certified copies of those documents to enable them to
substitute the certified copies for the original as directed by the Courts
concerned. It is observed that, the concerned section clerks are returning such
copy applications with an endorsement that the unmarked documents cannot be
issued as certified copies. This situation is causing serious hardship to the
litigants in taking back the unmarked documents. In certain courts, the
concerned bench clerks are even consigning the unfiled documents into record
section without returning the same to party concerned. In order to obviate this
hardship to the litigant parties, the undersigned is desirous to apprise all
concerned regarding the legal position on this aspect.
Order XIII Rule 7 CPC
Recording of admitted and return of
rejected documents:-
(1)
Every
document which has been admitted in evidence or a copy thereof where a copy has
been substituted for the original under Rule 5, shall form part of the record
of the suit.
(2)
Documents not admitted in evidence shall not form part of the record
and shall be returned to the persons respectively producing them.
Rule 2 of the Rules made under the
Destruction of Records Act, 1917 vide R.O.C.No.9/S.O/73.
The relevant portion reads as under:
Un-filed documents to be kept apart and destroyed:
No application is needed for the
return of the documents produced which have either not been tendered in
evidence or if tendered, have been rejected. It is sufficient if a receipt for
their return is taken in the list with which have been put up.
From the above it is clear that the
statute provides clear and unambiguous provisions for return of un-filed
documents in favour of parties; there is no need to insist the parties to file
applications for return of un-filed documents and to substitute them with
certified copies.
In this context a Judgment of Hon'ble
High Court reported in
AIR 2006 AP page 3 (Lokara Om Kumar V/S Baikan Satyanarayana) is
referred where the Hon'ble High Court in para 8 held as under;
[8] As per Regulation 2, unfilled
documents, which have been tendered in evidence or those documents, which have
been tendered in evidence, have been rejected, have to be returned to the party
who produced such documents. If those documents are not reclaimed by the party,
who produced them, then only they have to be retained in the Court for a period
of one year from the date of final order. This only means that there is no
necessity to keep the unmarked documents in the case file. In the eventuality
of the party producing the unmarked documents not reclaimed them then only such
documents have to be retained in the Court for a period of one year. Therefore,
the view taken by the learned Principal Junior Civil Judge, Ranga Reddy
District at L.B. Nagar, is
unsustainable in law.
Therefore, all the Judicial Officers
working in the unit are requested to not to insist the parties for filing
applications for return of unfiled documents in deviation of the statutory
provisions. They have to return all the un-filed documents as per Rule 2 of
Rules framed under the Destruction of Records Act as specified above without
insisting to file any application. However an exception is drawn that
the documents such as Pronotes, bonds etc., even though unmarked in compromise
decrees/settlements before Lok Adalat etc., should be superseded and retained
in the record as they become void and useless by virtue of a decree/award. These instructions shall be followed
scrupulously in order to avoid loss and hardship to the litigant public and for
smooth and effective administration of justice.
The receipt of circular shall be acknowledged.
Prl.District and
Sessions Judge,
To,
All the Judicial Officers in the Unit.
All Bar Associations in the Unit.
