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copy of filed petition

(Querist) 02 June 2011 This query is : Resolved 
Hello Friends,

I went to Court to apply for file copy[set-aside petition for maintenance] wherein i am the party for it.

The section officer said that though I am the party, i cant apply in person and have to apply thorugh the lawyer who filed my petition in the High Court.

Que'n:
i) Is it mandatory that i have to apply only thorugh my advocate.

ii) Any rules/order/cirucuars in this regard that copy application of filed petition must be applied only through advovate.

M/s. Y-not legal services (Expert) 02 June 2011
Yes. If you appoint an advocate by giving vakalat nama mean, on behalf of you he will do all legal actions for you. The party who appoint advocates on behalf of them, they can't file any application as in person. Even copy application. But a third party can be apply copy application as in person.
Raj Kumar Makkad (Expert) 02 June 2011
There is no such rule prohibiting the right of a party to apply copy of petition or allied documents but practical problem arises about the identification of that party by staff of copying branch so generally due to this problem parties are suggested to apply through their respective counsels.
Advocate. Arunagiri (Expert) 02 June 2011
As Mr.Makkad said there is no rule prohibiting the party to get the copy application. But, in practical the courts are not granting copies to the parties where ever the advocate is on record.


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