Roznama - accessibility

Worker

1) What exactly is a Roznama ?

(is it a diary / notebook having day to day entries of a particular case)

 

2) Is Roznama accessible to the party of a case ? or only to the lawyers ??

 

3) What are the conditions & formalities I need to fulfill to access the Roznama of my own case ?


My advocate is saying that, Roznama is open only for the lawyers and not the actual party. The court personnels have many more importants things to do rather than showing Roznama to the parties.


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Roznama is minutes of the days proceedings.

Roznama is accessible to the party as well as his lawyer.

On the day of the proceedings you can ask the clerk for its inspection without any cost and without any appliction.

However if you want to inspect it on any other date other the day of the proceedings you have to make an

application and pay the necessary cost.

You can get a certified copy of the same.


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Unemployed

Good Question!!!

 

 

If you see your suit's case file (the bunch of both parties' applications/replies on green ledger paper and which is tied by the thread and the one which always kept in court very shabbily ) , there is a bunch of pages/document in the front of it and which is maintained by the clerk of court and signed by court on every hearing. This is roznama of suit.

 

If you read if from beginning you will get to know all other document the copy of which has never been served to you.

Such as: appearance purshis, affidavits, bailiff report of summosn issued, summons issued date etc etc.

And many other reports.

 

I think for you as a litigant you should be ok to know this much and don't get confused with document types A, B, C, D etc else read civil court manual !!!! It is there on internet

 

Since you have made this query in family laws sections I assume it is matrimonial matter...then read family court act also

 

But family court also has powers to devise rules which are not inconsistent with CPC as such.

 

 

So court is the actual signatory author of roznama and responsible for the same.

 

 

You can ask for the cerified version photocopy of the same. it costs 5 rs per page in maharashtra.

if you want within 3 days then you have to pay 7-8 rs. per page.

 

 

It is beneficial to take certified copies of roznama.

In Supreme court or HC, all lawyers take such copies immediately after the day's hearing is concluded.

 

 

This is most fundamental document to prove/ascertain that the fair trial was ensured by the court . Court has to maintain all correct records. it is a public document.

 

Else it is a FUNDAMETAL mistake on the part of court and orders are liable to be set aside. there is no room for assupmtions, whims and fancies.  "Everybody is innocent unless proven guilty"

 

You can take certified copy of any court case by filing the affidavit as well as any copy of judgment of any suit. (your suit as well as other's suit)

 

Yes .. Roznama is a minutes of the days proceedings. It is expected to be maintained properly and all necessary proceedings to be recorded.

 

Example 1:

E.g. 'Court ordered the other party to give reply on application' i.e. 'other side to say'

Court and clerk is supposed to give exhibit numbers/docket numbers to all apps etc etc etc and thus it forms part of proceedings on records.

Court also makes remarks such as 'read' etc.

 

Above is just an example.

Same is the case for evidence, cross exams, final arguments etc etc etc all types of applications
 

 

 

But let's say court has asked you to bring your written statement/reply of the next date, and then you fail to do so or fail to give any reason as to why you require more time to file your reply, then other party may press for judgment based on 'no say' from you. i.e. all contentions/allegations of other party are implicitly accepted even after giving an opportunity for you to reply and you you didn't reply.

 

Needless to say that courts are very lenient and give multiple chances to all litigants and this much of disrecretion is conferred on court. so court are lenient in trivial issues unless the litigant is really adamant or mischivous and deliberately avoiding to give reply.Courts have to be pragmatic before ordering ex-parte order or 'no say' orders and are not supposed to behave is a hasty manner and they do give enough opportunities and wanings to the party.

 

But if court and bench clerk themselve forget to record the above step i.e. 'other side to say' on roznama and/or on the application's remarks then you get a chance to contend that 'court never ever asked you to file your reply' and you can raise objection that 'court made order without giving fair opportunity to you'

 

In such a case, benefit of doubt is given  to the part and not to courts. Else a person may even wrongly get sentenced to death by falsely pro-claiming merely verbally that accused was given opportunity to deny allegations. OR on the contrary accused may be let off also!!!!

 

 

Unfortunately in civil cases, rotten and mal-practices are rampant and that's why it is necessary to be vigilent.

 

 

If the system is being manipulated in behind your back, above remarks may get added without giving you any notice/hint of it.  

That's why you need to be vigilent as well as appoint a lawyer (though you also can keep a vigil)

 

 

Else other party will misuse this as an opportunity against you.

 

 

It is your right to ask for inspection of records and roznama on every hearing, before its commencement.

 

It is your right to stop the proceedings also if you don't get above opportunity. But courts get annoyed by this and they expect you  to see it before the proceeding actually are called for.

 

Here the bench clerk plays a important role (rather mischivous role) and they may co-operate or refuse to co-operate you or may harrase you also.

 

You can raise any matter the moment you feel inconvenience. if you keep quiet then it goes against you!!

 

 

 

It has happened numerous times that, junior lawyer standing against the a very senior lawyer

... junior lawyer unaware as to what is going to be heard on next hearing, senior lawyer knows which aplication would taken up for hearing ...comes prepared and junior lawyer fails to present his case being unprepared for the hearing and case prospects are shattered.

 


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Worker

thanx experts for the lucid illustration.


PS : i have already missed 1 out of 3 dates, as my adv. never conveyed the date.

 
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