PROCEDURE IN SUITSCentral

Section 25 of The Presidency Small Cause Courts Act, 1882

When a period of eight days from the decision of a suit has expired without any application for a new trial or re-hearing of such suit having been made, or when any such application has been made within such period and such application has been refused, or the new trial or re-hearing (as the case may be) has ended, 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 section 143 of the 3Code of Civil Procedure (14 of 1882), be entitled to receive back the same: Provided that a document may be returned at any time before any of such events on such terms as the Court may direct: provided also that no document shall be returned which, by force of the decree, has become void or useless. On the return of a document which has been admitted in evidence, a receipt shall be given, by the party receiving it, in a receipt-book to be kept for the purpose.

Summary

Gives individuals the right to get back original documents they submitted as evidence in a lawsuit once the case is completely resolved.
Establishes a standard eight-day waiting period after the court's decision before documents can be returned, to ensure no new trial or rehearing has been requested.
Delays the return of documents if an application for a new trial is filed, until that application is refused or the new proceedings are finished.
Prohibits the return of any document that has been legally impounded, which means seized and kept by the court, under the Civil Procedure Code.
Prevents the return of any document which has become void, which means legally invalid or empty, or useless because of the final decree, which is the court's final judgment.
Permits the court to return documents earlier than the standard times under whatever conditions the court decides to impose.
Requires the person receiving their document back to sign a formal receipt in the court's official receipt-book.

Practical examples

1Salim submitted his original property deed to the court during a dispute over a shop lease. The judge ruled in Salim's favor. Salim waited nine days. Since eight days had passed and no one applied for a new trial, Salim went to the court, signed the receipt-book, and safely got his original deed back under Section 25 of the 1882 Act.

2Tina submitted a promissory note as evidence to prove a debt. The court's final decree ruled that the debt was paid, making the note legally void and useless. When Tina applied to get the note back, the court refused under Section 25 of the Presidency Act, because void documents cannot be returned.

3Ravi needed his original contract back urgently to show a bank before his trial ended. He applied to the judge for an early return. Under Section 25 of the 1882 presidency law, the judge agreed to return it early, on the condition that Ravi file a certified copy of the contract with the court clerk.

FAQ

1. When can I get my documents back under Section 25 of the Presidency Small Cause Courts Act, 1882?

Under Section 25 of the Presidency Small Cause Courts Act, 1882, you can get your documents back eight days after the final decision, provided no application for a new trial or rehearing has been made.

2. Can a non-party get back evidence they produced under Section 25 of the 1882 Act?

Yes, Section 25 of the 1882 Act states that any person, whether a party to the suit or not, who produced a document is entitled to receive it back once the legal conditions are met.

3. What documents are barred from being returned under Section 25 of the Small Cause Courts Act?

Under Section 25 of the Small Cause Courts Act, the court will not return any document that has been legally impounded under the Civil Procedure Code, or any document that has become void or useless because of the court's final decree.

4. Is there a receipt requirement for returning documents under Section 25 of this presidency court statute?

Yes, Section 25 of this presidency court statute requires that when an admitted document is returned, the receiving person must sign a receipt in a special receipt-book kept by the court for this purpose.

Test yourself

Q1.Under Section 25 of the Presidency Small Cause Courts Act, 1882, how many days must pass after a court's decision before a person is entitled to receive back their documents as of right, assuming no new trial is requested?

Q2.Under Section 25 of the Small Cause Courts Act, 1882, which of the following documents is strictly prohibited from being returned to its owner?

Q3.Under Section 25 of the 1882 presidency law, what must happen if a party applies for a new trial within the eight-day period?

Q4.Under Section 25 of the Small Cause Courts statute, what is required of the person when their admitted document is returned?

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