arjun 13 October 2015

How to get back the documents submitted to the districtcourt

Hello

My name is Arjun .

We had a property dispute at the district court of Erode, Tamilnadu. A case that happened for years. And unfortunately the 4 advocates we had back to back ended up in collaborating with the opponent party and our advocates literally went silent during the arguement stages and many a times misinformed us regarding dates on which the case was held. And during trial stages one of our advocates made us submit the original documents of the property to the court,when the court never asked for the original documents. Unfortunately due to poor awareness regarding court proceedings we gave the original documents and it was submitted to the court.

It's almost an year after the case has been disposed by the court and right now we want to get the document back from the court.

I want to know the detailed procedure of how to get back the document from the court. We really don't have a trustworthy advocate at Erode to file an appeal to get the documents out. So please let me know the procedure for the same as we were always misguided and we don't know much about court rules, Whom to approach, How to write an apppeal etc..

The property is on my mom's name. Please take time to asnwer this question in an eloborate manner. It's been more than an year since the case was disposed and now we wanna get it out. Since we are in our greatest financial crisis and currently we just have under 10k in our bank account . So if the document is retrievable on our own, without the help of an advocate, that would be really helpful.

Thanks for your valuable time one and all.

Eagerly looking forward for some Hope and sunshine

Have a great day

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 20 October 2015

You have to apply for return of document from the court by filing a petition and affidavit. If you are planning to engage a new advocate you may have to obtain NOC from the previous advocate or can add in the affidavit that since the previous advocate is reluctant to get your job done and is demanding a huge amount for this purpose and as you are not able to afford for the amount demanded, you may be permitted to engage a new advocate to represent you in this aspect for the needful without taking NOC from previous advocate.

You may engage an advocate from a nearby town if you are not confident about the advocates in Erode for this purpose.

After the court approves your application for return of documents, you may have to submit photo copy of the original documents duly compared by the head clerk of the said court for retention in the court bundle.

It is not a Himalyan task, it is a matter of hardly two to three working days to get the petition allowed and other issues.

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arjun 24 October 2015

Thanks for the information. We have obtained an NOC from the previous advocate a month back. My specific question is, Is it possible to file an affidavit in person ? without the help of an advocate ,because we don't know people from nearby towns and it is also quite urgent,

Thank You

T. Kalaiselvan, Advocate (Advocate) 24 October 2015

Yes, you can apply for certified copy of the required documents and get it replaced by filing an application for return of original documents. You can very well proceed as party in person, you dont need to have a help from any advocate. The willing staff of the court will come to your rescue to guide you about the procedures to file the affidavit and petition for return of documents. If you are not a party to the suit, you may file a third party affidavit also along with the petition giving valid and proper reasons for seeking the return of documents on behalf of the party whom you have represented in the third party affidavit.