What if the case files are missing from the court


Hi All,

 

I've a query. What happens if the case files go missing from the court? lets say some influential party bribes some court clerk or official and all the order files etc pertaining to the case are removed from the court premises. God knows whatever done to them. So what is the official procedure to correct this? Do courts maintian some duplicate copy? Is the order etc. posted on some website? If yes, can you please give the link? How can the docuemnts be restored? thx.

 
Reply   
 
Advocate

If the case files can disappear from the court, it is even possible that the Judge himself can disappear from the court and residence! This is the scenario.

 
Reply   
 


Senior Partner

1.    Court case file never goes missing is a saying by modern days Gandhi's J

2.    Case file safe keeping is job of Court clerk assisted by Reader - Court Master of the concerned Courts.

3.    One can start test the allegation journey by first allowing of case 'file inspection' of a particular case whose party the queriest may be and for the same he needs to get allowed his application for file inspection affixing Court fees and presenting the same after allowing (by sitting ld. Judge) to the Court clerk. If clerk observes as remark in your allowed as per Rules application, that, the case file is missing then approach District Judge Court to institute a 'vigilance enquiry' against the concerned Court r/w alloted duty staffs of the concerned Court and if found guilty then to prosecute the Clerk as per Rules and addendum prayer in such applciation shall be directing the concerned Court to ‘reconstruct’ the case file of parties in certain 'time period' if after an enquiry case file is found really missing which to my best experience is rare to rarest ever happened.

4.    During such 'vigilance enquiry prayer phase' no adverse Order can be passed yet flip this, no favourable prayer also allowed meaning thereby genuine party suffers for no fault of theirs which is rare scenario.

5.    Currently Family Court Orders are not allowed for publication online. Rest other civil / criminal say family law related cases orders – judgments are published online and to view them one need to log on to District Court websites such as a self explanatory link is given here to seek self help.
http://delhidistrictcourts.nic.in/ 

6.    To avoid living with such rare apprehensions any party is advised to seek immediate (on hearing dates) 'certified copies' of all documents produced for a case of parties including annexure - interim orders and judgments etc. etc. by meeting certifying agency copying fees  as fixed from time to time as per Rules so that such aprehensions are given decent burials they deserve.

7.    Ministry of Law and Justice is still - currently vetting proposal of eCase Management and setting up eCourts which professional Judicial Consultants proposed wayback in 2005 and once setup it will anser your 'duplicate case file' managment query once for all. 

8Whenever you are through grammatical correction of my reply you may shoot an RTI application to concerned new Law Minster at the said Ministry on action taken report on setting up eCourts – eCase management system etc. based on larger public interest least he rapes me into some IT / Enforcement Directorate case since original sin I commited by publishing insight via this reply to restless you J  


Total likes : 1 times

 
Reply   
 

Thanks a lot Tajobsindia.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu