Civil Procedure Code (CPC)

Certified copy of court judgement and order

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 June 2021

Madam/Sir,
Can a legal heir of a deceased party to the civil suit (suit decreed during lifetime of now deceased) seek certified copy of judgement as party in person represented by legal heir ?
Or
The legal heir will be treated as third party and affidavit for seeking certified copy is required from him, in a suit decreed for which his father was a party ?

Thanks and Regards


Dr J C VashistaOnline (Expert)
15 June 2021

After passing a decree the case becomes "public" for seeking certified copy.
Even otherwise, lawyer engaged by deceased party is entitled to seek copy from the court.

Advocate Bhartesh goyalOnline (Expert)
15 June 2021

Though other party to suit can obtain certified copy of judgment and decree of any case even otherwise you can get with the permission of court.

Sankaranarayanan Online (Expert)
15 June 2021

you can get it through your lawyer. why you not demand the same to your lawyer?

P. Venu Online (Expert)
15 June 2021

What is the problem in furnishing an affidavit, if so required?

SHIRISH PAWAR, 7738990900Online (Expert)
15 June 2021

Hello,

You may be legal heirs of the deceased party to the suit. But for court, you are a third party so you or your advocate has to submit affidavit to the court for getting a certified copy.

J K AgrawalOnline (Expert)
15 June 2021

i respectfully not agree with furnishing affidavit. A judgment is 'document in rem' and any body can obtain copy of judgment and decree. No affidavit required. (The matter of providing copy is state subject and rules may be differ state to state but it is very common law that judgment and decree are Public documents and not private so any body even stranger can obtain copy.)

T. Kalaiselvan, Advocate Online (Expert)
15 June 2021

In my opinion, you may have to file third party affidavit as a party in person to obtain the certified copies of the judgment or decree since you are not a party to the case even though you claim to be the legal heir of the deceased.
You may have to state the reasons for which you require the certified copies of the said judgment.
However if the judgment has been uploaded in the e-courts website, you may download the judgment and take a print out but you cannot get the signature of the court for attesting the same or to certify the same.

Dr J C VashistaOnline (Expert)
16 June 2021

I agree with the expert advise of Mr. J K Agrawal, the case is already stated to have been decreed, hence the document(s) concerning the suit are public whereas, the judgment is "in-rem".

P. Venu Online (Expert)
16 June 2021

The observations of the learned experts Mr.Agraral and Mr.Vasishta may not be practical as the employees of the Registry are a law unto themselves as to pinpointing 'defects'. It is prudent to comply with their whims and fancies so long as the issues does not involve substantial inconvenience.

Dr J C VashistaOnline (Expert)
18 June 2021

Dear Mr. P Venu ji,
Section 123, 124 and 162 of Indian Evidence Act, 1872 read with Law Commission of India report No 88 dated 10.01.1983 are relevant on the subject.

Kindly appreciate the fact that whims of fancies of staff can not overrule the law.

Regards



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now











×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x