Civil Procedure Code (CPC)

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Nirmala (student)     17 March 2011

what to do if the file is missing in Sessions Court?

We had filled property recovery petition (the case trials have not started) at the Magistrate Court. They asked us to get some case related papers from Sessions court since the file has been forwarded to Session Court. The clerk says that our files are missing!

We submitted all the petition related documents in both the courts. Can anybody please advice what should we do now? Is the clerk misleading us? can a file go missing? do they not maintain copies? Please advice if we can charge anyone for this? ur help is greatly appriciated. God Bless.



 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 March 2011

First you apply for the certified copies of the enitre papers what you have filed before th court and also take the certified copy of suit registrar and file a complaint before the Dist., judge and write the same to vigilence section at High Court.

1 Like

prashant pundhir (Criminal Lawyer)     17 March 2011

In every session cort ,here is a special department named "Information department " where if you give an application to study any of the file , then it is there legal duty to provide you the demanded file for inspection within three days from giving the applicarion .
The incharge of the department  is always a addittional session judge . When the demanded file will not reach to the department,he will itself take the action and will call the concerned clerk or you can give application regarding this .It is the legal duty of the custodian to keep all the records safely . There are two benefits of this act:-

1:- The concerned clerk is bound to provide the file else he will loose his job with criminal case .

2:- The Megistrate court will not pass any adverse order untill you get the file or inquiry for it is pending .

Note :- It is very rare when any file or document missed from the court . Be sure that it is the act of the cleck who is hiding the file . Surely you will get it .

1 Like

Nirmala (student)     17 March 2011

Thank you Rajoo and Prashant. Will follow you advices. And hopefully will update soon once the work is done. Thank you again for the help.

Narinder (Advocate)     23 March 2011

FILES NEVE MISS FROM THE COURT. IT IS THE DUTY OF THE CLEARK TO MAINTAIN THESE FILES. PRESS HARD TO THE CLEARK

1 Like

Jolly James 9447287658 (Advocate)     25 March 2011

you file a petition as per the provisions of Right to information Act in both Courts for the posting date, stage of the proceedings. If you filed a copy application of the records ask a question regarding the delay of serving copy. The court will not keep copy except file. On getting the information you can file complaint against the real culprit.

1 Like

Prakash Ramchandani (Law Consultant)     04 February 2016

sir , all are advising in general, but my experience says that the act has been done so, you have to complaint high-judge and get the file reconstruction, if you have possible documents available with you, then you go to the court and put application inperson or through advocate for getting reconstruction of file, thereafter some appropriate order will be passed and the file will be restored on the new date and similarly you get  file restart with your possible documents, and request thecourt also to expedite matter in fast track method... i have done it through my experiences..

but if you dont have all documents then file what were possible documents to the court and get it restored and restart

 

S K KARNjhc (Legal Adviser)     04 February 2016

I think you should either try to get certified copy from the court or consult local lawyer for immediate help regarding as I do agree with learned lawyer Prashant sir

Prakash Ramchandani (Law Consultant)     05 February 2016

Mr s k karan and mr prashant i agree with your view, but there is a reconstruction law, because if you follow rti it will take approx 180 days, minimum, and if you go for complain, then also many time we do not file so i thin if years had passed then there is only one alternative to file reconstruction application,

and if months had passed then again you have to wait for 180 days i.i 60 +60+60 and finally if you dont get reply then alteast years will take to go in State information or central informations... then finally what you will do... nothing .. only what i say..... nirmala jee you approach advocate and inform my suggesstion i am sure you will...

Foram Chauhan   10 March 2018

Hi there,

I am not an advocate but I know that in case your documents are missing for court record/procceding you need to report it to the presiding officer(Judge) about it and make application for procecution under section 409 of I.P.C.

Kindly see this case law and I hope it helps.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No.14849 of 2006

Naranjan Singh                                     

Versus

Punjab and Haryana High Court through its Registrar and another

 

CORAM:       HON'BLE MR. JUSTICE JASBIR SINGH

             HON'BLE MR. JUSTICE JASWANT SINGH

 

JASWANT SINGH J.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No.14849 of 2006

Naranjan Singh                                     

Versus

Punjab and Haryana High Court through its Registrar and another

 

CORAM:       HON'BLE MR. JUSTICE JASBIR SINGH

             HON'BLE MR. JUSTICE JASWANT SINGH

 

JASWANT SINGH J.


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