Certified order copy procedure, if your counsel has expired?
Doulat
(Querist) 06 September 2011
This query is : Resolved
Dear Experts,
Could you please let me know, what is the procedure to get Certified Order copy from High court, when the party’s counsel has expired?
I’m referring to a W.P case judgment delivered in High Court of A.P on 19-06-1987. My counsel and Judge, who delivered judgment for this case, both have expired.
Applicant: Society consisting of shopkeepers of the area charminar
Respondent No 1: Govt. of A.P, Municipal Corporation
Respondent No 2: Secretary, Quli Qutub shah (HUDA)
Respondent No 3: Municipal corporation of Hyderabad
Can I file an affidavit in court stating my counsel has expired and please issue me a certified copy of the order in HC?
OR
I have to file the above affidavit through a different advocate with his vakalatnama?
Kindly, let me know your valuable advice
Thanks & Regards,
-Khan
ajay sethi
(Expert) 06 September 2011
you can make an application for certified copy of the order since you are a party to the petition . in the precipe you mention advocate engaged by you has expired .
Doulat
(Querist) 06 September 2011
Thanks Ajay Sir for your reply!
Will the CD record officer may ask any written statement like Death certificate or any? Or ask same statement in the form of affidavit?
prabhakar singh
(Expert) 06 September 2011
Practically speaking you need to engage another lawyer to do these things as you do not know procedure though no bar if you apply on your own personally for a copy but you would not be knowing in which office, before whom, in which section,to put the application and what is the copying fees and charges where is the file etc.???????????
Kiran Kumar
(Expert) 06 September 2011
since you were party to the matter, you can apply for the copy at your own...no need to engage a lawyer for the purpose.
otherwise also if the matter has already been disposed off/ decided then anyone can apply for the copy.
adv. rajeev ( rajoo )
(Expert) 06 September 2011
I do agree with the answers of learned members Ajay and Kiran,but one thing some advocate has to endorse on the certified copy application that " I know the Applicant"
Doulat
(Querist) 06 September 2011
Thanks Experts for your valuable advice!
Well, I know in which office of HC the application has to filed and what is the copying fee.
In High court, CD section, they are asking for a form to submit for certified copy, in this form they have a section to be signed by Counsel.
I just want to make sure, if i can submit the same form without counsel signature and state that he is expired. Will that be a fine as court record office processing?
Doulat
(Querist) 06 September 2011
Dear Experts,
I have gone through the High Court of A.P rules related to Certifiled copies and prepared following application.
Please look into this application and kindly let me know, if you have any sugession
URL: http://hc.ap.nic.in/aphc/appellate.html#chapter%20VIII
==============================
To
The Registrar (Superintendent of Copyists),
High Court of Andhra Pradesh,
Near Govt. City College,
Madina, Charminar,
Hyderabad - 500066.
Sir,
Sub: Application for certified order copy of W.P No. 16703/86 req-reg.
1. I am one of the members of Society consisting of shopkeepers in the area of charminar. This society is one party (Applicant) in Writ Petition No. 16703 of 1986
2. I need the said order copy for my own records, as I am the party in this writ petition, bearing owner serial no. 143(in Annexure -1).
3. The said W.P has been delivered by Hon'ble Sri Justice Y.V.Anjaneyulu, Dated 19-10-1987 and my advocate has expired, and at present I have no advocate.
4. I shall pay the court fees as demanded by the Superintendent of Copyists, provided the officer explain details of all the charges and calculations in writing for the said certified order copy.
Kindly look into the matter and issue certified order copy at the earliest.
Thanking you,
Yours faithfully,
(Applicant).
Copy to: - for information please.
The Deputy Registrar,
High Court of Andhra Pradesh,
Hyderabad - 500066.
===============================================
Thanks,
-Doulat.
prabhakar singh
(Expert) 06 September 2011
oh! its all okay. you can proceed now on your own.
