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 ?
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.)
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.
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.