nandy 28 January 2022

Copy of disposed case:is 3rd party affidavit required?

I know a similar question has been answered before with experts stating 3rd party affidavit is not required for obtaining copies of case where order has veen passed.

I am asking again because a few advocates are insisting I need to provide a 3rd party affidavit to obtain copies of cases disposed in 2020 and 2021.

My understanding is that once order is passed the entire case proceeding is public (evidence, cross examination etc) and |I don't need to provide any reason to access it. Is that correct?

I am just obtaining copies to see what happened in those cases and hence |I really don't want to furnish an affidavit with such a frivolous reason. I would like to avoid providing an affidavit and just access it as a public record.

I know in the past experts have said you don't need an affidavit but since advocates I spoke to insisted on providing an affidavit I am asking again.

Also,will it help if I state in my application that since the case is disposed, it is a public record and I am applying for the same -or something like that so that the registrar wont raise an objection?

Pls advice

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5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 29 January 2022

to go though the content of the orders or documents involved in the case, you need not file any third party affidavit.

However to obtain certified copies of the orders or documents involved in the case, you need to file a Third Party Affidavit before the concerned court registery stating the reasons for obtaining the Certified copies.

Megha 29 January 2022

Hi,

Once an order has been passed reported in the gazette, it is available publicly for reading and reference. However, if you want to get access to every detail, document, evidence, etc submitted during the proceedings, you will require a third party affidavit to be submitted before the relevant court.

Best regards,
Megha

nandy 29 January 2022

ok I was able to track down the expert opinion it is in this link. Here expert Dr.Vashishta says:

the case is already stated to have been decreed, hence the document(s) concerning the suit are public whereas, the judgment is "in-rem".

So does this not mean the ocuments of the case and cross examination etc are public?

Adv. Mohit Chahal (Advocate) 31 January 2022

Some disposed cases record example rape, Divorce, Pocso etc. are not public documents. Only party to that case or their engaged Advocate can file application for getting certified copy until and unless strong reason is being given by anyone from the public for obtaining that particular document.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site/

nandy 01 February 2022

But the press is hsppily reporting on rape, dowry, divorce in great detail so can't see why citizens should not get access?Where can I find which type of case records are not public? Is it based on the relevant law or CPC section that the confidentiality of the case is decided?