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Sumit (SA)     19 July 2014

Obtaining original documents from an civil appeal court

Dear Sir,

What is the procedure to secure my original documents that were submitted as exhibits in a civil trial case?.

The trial case is decreed some years back, and now the case is pending in the appeal(civil) stage for quite some time. Now, i want to secure all my original documents that is with the court as i fear that the case may drag on for long and my original documents may get lost or get damaged.

Can i do this by myself as the defendant or should it be done by the advocate on record for the appeal suit?

Do we need to serve notice to appellants for securing the originals?


Sumit Basu, Kolkata.


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     20 July 2014

You do not have to send notice to the appellant for seeking return of documents.  First of all you should apply for certified copy of those documents intended to take it back from the court and after that you should file an application for return of original document by replacing the certified copy of the same already obtained by enclosing it with the application.  You must also make sure that if the said documents marked as exhibits are vital to the appeal case.  Contact your counsel at trial court and move further as per his advise.

1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     23 July 2014

Agree with Adv Kalaisevan's Advice.

1 Like

Sumit (SA)     24 July 2014

Dear Sir,

Thank you for the reply and the valuable sugestion. My lawyer has also guided me in exactly the same words as i have been sugessted here. But for some mysterious reasons there has been a lot of delay in processing my application. What can i do now?


Thanks and Regards

Sumit Basu

T. Kalaiselvan, Advocate (Advocate)     24 July 2014

What is the delay and where it is?,   sometimes, the copy sections may delay in supply, you may also personally visit the court office and see it for yourself that why it is getting delayed.

1 Like

Sumit (SA)     02 August 2014

Dear Sir's,

My advocate has now been able to get the certified copy of the exhibits. Now, we are going to file an application for return of the original's by filing the certified copies.

<a> Now, Sir since i stay in Kolkata and the case is in the court of my hometown(Durgapur) which is more than 200kms away, do i need to sign on the application or my advocate(who is also the advocate on record for the trial and the appeal case) can sign on the application seeking the originals??

<b> Also, do i need to give any affidavit/oath to appeal court stating that the original documents will be produced in court if the court needs them??


Sumit Basu


T. Kalaiselvan, Advocate (Advocate)     02 August 2014

The distance of 200 kms is not a big distance or  hindrance especially if you have been fighting the litigation for years.  In the normal circumstances, the advocate on record can himself file an application for return of original documents replacing the same with certified copies of the same  but sometimes the presiding judicial officer may desire for an affidavit by the party seeking the return of the original documents with reasons specified in it, this will establish the genuineness of the matter before the court facilitating easy and quick disposal the issue, better be in touch with your advocate and be ready to comply with the court requirement in this regard based on the local circumstances.

Sumit (SA)     04 August 2014

Dear Sir,

I have now been able to obtain the certified copies, however to my horror i am seeing that some very crucial documents of mine which were used for cross examining the plaintiff and which ultimately led to the decree in our favour are missing from the court case records!!!

My advocate is ashamed of this and is at a loss of words. I do not understand what to do next.

Can anybody please advise what is to be done, i feel losing faith on our court system.

Can anybody help.



Sumit Basu


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