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Law Querier (Service)     28 July 2013

Can court not give regd. copy of mark documents to party?

Respondent has applied to get registered copy of documents filed by applicant in family Court. After reading application of requesting registered copy, the staff person of court told to respondent that Court can give only regd. copy of ‘list of documents’ as it is EXHIBIT documents and not give regd. copy of ‘the documents’ as they are MARK documents.

Que: Is it rule of Court that Court can give only registered copy of  EXHIBIT documents only and not give registered copy of MARK documents to parties?

Que: How can respondent get MARK documents from Court as it is very important document for respondent



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 3 Replies

Hemang (Advocate)     29 July 2013

When the matter is filed along with the kachha or xerox copies of the documents, they are "marked" and not "exhibited". There is a vast difference between the documents "marked and exhibited". The court would order the exhibition of documents only when the documents are proved by either party. Once the documents are exhibited, the certified copies of all relevant documents asked for can be furnished by the ministerial staff of the court on payment of prescribed fees. But the marked documents convey that the same are not proved, or yet to be proved. Hence, the marked documents are never provided by way of certified copies. However, in order to resolve your issue, instead of asking for the copies, you may request the court to allow inspection of all such marked documents and your purpose will be served. Even this marked documents are generally furnished to the party by the other party when placed on record. So the insistance on certified copies is futile exercise. The ministerial staff of the court is justified in refusing to provide the marked documents as certified copies. 

 

Follow what is stated herein. You need not go in detail as it is essentially a matter of our court practice and procedure.

1 Like

Law Querier (Service)     29 July 2013

Thank you Hemang Sir...

Law Querier (Service)     29 July 2013


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