Thiru Nagendran 27 May 2025

Unable to obtain fair order copy for filing appeal – need guidance

Dear All,

I am currently involved in a partition suit. My father's brother had filed an implead petition (IA), which was allowed by the court. I am intending to file an appeal against the order allowing this implead petition.

However, for the past six months, I have been facing serious difficulties in obtaining a certified copy of the Fair and Decretal Order, which is essential for filing an appeal. Despite repeated efforts and the assistance of my advocate, the court staff is only providing the Decretal Order.

To address this, I filed a Copy Application myself, specifically requesting both the Fair and Decretal Order. However, instead of the fair order, I was given:

1. A Decretal Order

2. Another order relating to Order 7 Rule 11 for the same IA

When I questioned the court staff regarding the missing fair order, they simply stated that no other orders are available. I suspect there may be undue influence or collusion with the respondents' advocate, which is delaying or denying the delivery of the fair order intentionally, possibly to obstruct my right to appeal.

I need guidance on the following:

1. What legal remedies are available to obtain the Fair Order copy?

2. How and where can I file a complaint against court staff if they are willfully denying or withholding the fair order?

3. Can I escalate this to the Registrar or District Judge? If so, how should I proceed?

4. Any legal provisions or precedents that can help support my request?

Your guidance on how to move forward with this situation would be greatly appreciated.

Thank you.

Reply Follow

6 Replies

T. Kalaiselvan, Advocate (Advocate) 28 May 2025

It is possible for a civil court to make a fair and decretal order when disposing of an IA (Interim Application).

A decretal order is a formal expression of adjudication that conclusively determines the rights of the parties in the suit.

The court will usually consider the arguments presented by both sides, relevant evidence, and applicable laws to make a decision that is just and fair.

The court aims to make an order that is fair and equitable, taking into account the specific facts and circumstances of the case.

A decretal order is a formal and binding decision that sets out the rights and obligations of the parties involved.

When an IA is disposed of, the court will issue an order that either grants or rejects the relief sought in the IA

If a party feels that the order passed by the court is erroneous, they may have recourse to appeal, review, or revision, depending on the nature of the order and the applicable law.

You may ask your advocate to represent the issue before the court during the court proceedings and request judge to instruct the copy section to supply the certified copy of the fair and decretal order in that IA as the same is pending for over 6 months.

1 Like

Dr. J C Vashista (Advocate ) 29 May 2025

The court has passed an order on the application (IA) U/O VII Rule 11 CPC, which is not final order/judgement to draw a decree, recheck and correct yourself.

Besides this, you have stated that the court has allowed impleadment of your uncle in the suit, it is also not final order to draw a decree.

What do you mean by the term "fair and decreetal order" used by you ?

What is the opinion and advise of the lawyer engaged by you ?

1 Like

Thiru Nagendran 30 May 2025

At the outset, I would like to extend my sincere thanks to Mr. T. Kalaiselvan Sir and Dr. J.C.Vashista Sir for taking the time to respond to my query.

I fully understand and respect the legal position that an IA (Interlocutory Application) is not a final judgment or decree. However,

I am seeking to understand the facts and circumstances on which the impleading order was passed,

as there may be certain admissions made in my counter statement (prepared and filed by my advocate).

Below are the growing concerns about the legal representation I've been receiving in my ongoing case. There have been several instances where

I feel my advocate has misrepresented me, and I'm starting to suspect collusion with the opposing parties.

1. Firstly, in 2019, a sale deed was executed concerning the suit properties, and we filed an IA to implead the Registrar and Purchasers.

However, only the Registrar was impleaded, despite assurances that a second IA would be filed to include the Purchasers, they're still not impleaded

and this delay has been going on for over five years, and I'm worried about the implications.

2.Another issue is with my counter to the implead pettition. I had instructed my advocate to state that 50% of the suit property is my father's

self-acquired property, supported by a registered sale deed. But instead, the counter document included a damaging admission that all properties are ancestral,

which favors the impleading petitioner. I signed it without reviewing it properly, and my advocate hasn't taken any corrective steps despite my bringing it to his attention.

3. I've had a similar experience in another matter involving a Transfer OP, where the final order included statements I never reviewed or signed, which benefited the opposing party.

These repeated instances have made me question the quality and integrity of my legal representation.

I've also come across other litigants who've faced similar situations, where advocates allegedly act in collusion, resulting in orders being passed based on misrepresentations.

Regarding Dr. J.C. Vashista Sir’s Queries:

1.Q)What do you mean by the term "fair and decreetal order" used by you ?

By “fair order,” I meant a reasoned and speaking order that I may understand the reasoning and factual basis for allowing the implead petition.

Only with that information I can consider filing an appeal or a review application, if warranted..

2.Q)What is the opinion and advise of the lawyer engaged by you ?

A)My advocate's response was quite disappointing, he told me that they can't do anything as "Fair Order" doesn't exist.

It seems like I'm not getting the right advice I need from my advocate, which is why I'm reaching out to this platform.

I sincerely hope you can understand the predicament I am in and guide me appropriately.

T. Kalaiselvan, Advocate (Advocate) 30 May 2025

1.When you get the knowledge of subsequent sale or alienation of property then it is imperative to implead the subsequent purchaser as necessary party and you can even seek relief of injunction against the subsequent purchaser to restrain him from further encumbering the property in any manner. You can change the lawyer and ask your new lawyer to immeditely file a petition under order 1 riule 10 to implead the subsequent purchaer.

2. You can file a petition under order 6 rule 17 seeking to amend your pleadings to rectify the error you observed now through your new lawyer.

3. You cannot be sympthetic to your current lawyer at the cost of losing your case, hence immediately change the lawyer.

Your susbequent questions and answers to Dr. Vashista Sir, was already replied in my first post, you may enlighten yourself accordingly, if not then you may revert for more clarifications

1 Like

Thiru Nagendran 01 June 2025

Once again thanking Kalaiselvan Sir for your time and expertise.