shobana 17 October 2015

Delay in receiving court order

A property case lodged by my uncle on my mother has concluded and got disposed an year back on 6/1/2014 in the Pincipal district court of erode, Tamilnadu in which the case got disposed in my uncle's favor.

It's been more than a year and half and we still have'nt recieved the original judegement order from the court. We have asked our advocate numerous times but he tells us it'll come by next week and has been saying the same thing ever since.

One of my police friends told me that the original judgement order would reach the advocate from 60-90 days once the judgement is passed and told me that the advocate is giving it to us on purpose.

I wanna know what are the disadvantages of not having the original judgement in hand?

And how to get it from the advocate ,is there anyway to complaint to the court about the advocate's behavior?

And I came to know that an appeal to the high court should be filed within 6 months or so. Since we needed the original judgement we didn't proceed to filing an appeal on the high court. Can we file an appeal even after the minimum days required to file an appeal?

If so ,plz let me know the procedure regarding this in an eloborate manner since our advocate is really not answering our basic questions in a proper manner.

If its possible for a party to file an appeal in the high court without the help of an advocate ,please let me know, it will be of great help to us

Thank you

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4 Replies

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER) 17 October 2015

1.go to the site https://ecourts.gov.in/services/

2. select the state tamilnadu and district erode in the box on left hand side top from the tab select state/district

3.from the court orders tab on left hand side bottom click court number

4.then select court establishment and in court establishment dropdown box select prinicpal dist court erode

5.Then in court number tab / drop down box select the name of the judge who gave the judgement basing on dates

6. then click go and you will see all the judgement given by the judge select your case number and you should be able to see the judgement

altrernatively

you can from the same site you can enter the party name and get its status

T. Kalaiselvan, Advocate (Advocate) 21 October 2015

If your advocate is dodging you for no reason or for want of money, you may visit the court office directly, if you are the defendant, you may file a copy application seeking certified copy of the judgment and decree passed in the case number with the date of disposal. You may affix necessary court fee and once the copy is ready (which may be ready in 15 days time), you can get it personally. You do not have to approach your advocate if he is not willing to help you. Further the limitation for appeal is 60 days, you may have to file a petition under section 5 of limitation act for condoning the delay to file the appeal with the reasons whatever be the fact.

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shobana 24 October 2015

Oh ok. Thanks for the information.

But is the original copy a mandatory requirement for filing an appeal at the high court ?

I have the copy taken from the court's website at present

T. Kalaiselvan, Advocate (Advocate) 24 October 2015

Yes, it is essential to file the appeal along with the court certified copy of the lower court judgement. The internet downloaded copy can be useful only for reference purpose.