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.

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1 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.