madhu mittal (director) 17 January 2012

Certified copy of photocopies

In an execution petition case, one person ie. purchaser raised objection that since he had purchased the immovable property attached,before attachment executed, so that attachment order should be set aside, and in reply the no. of registry was mentioned, but photocopies of registered sale deed was not delivered to decree holder.photocopies of registered sale deed was deposited into the court by purchaser. But when applied for certified copies of photocopies of sale deed registered, again officicial it was denied by the "copy section of the court" by saying you should have copies from the concerned parties or tell the presiding officer to get you delivered the photocopies of sale deed. The copy section of the court can not give certify copies of photocopies deposited by the purchaser/oppenent. Let me know what is rule and practice to get certified copies of photocopies of sale deed deposited by the opponent in the court, so that we can reply properly.

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2 Replies

sridhar pasumarthy (ADVOCATE) 17 January 2012

Dear Madhu,

Copy section cannot deny to issue certified copies of photo copies filed by your opponent.

You can obtain certified copies of any documents that were filed by any of the parties in a legal proceeding. No seperate legal provision is provided in the civil rules of practice.

Ashish Chakravarty (Advocate) 17 January 2012

In my humble opinion i do not think that you can get a certified copy of a photocopy straightaway from the CD, as per Rule 263 of the General Rules Civil 1957 for Civil Courts subordinate to the High Court of Judicature at Allahabad, as applicable in the state of Uttarakhand certified copied of three classes of documents cannot be obtained unless there is an order of the Presiding Judge and a document which in itself is a copy is one of those, so until and unless there is an order of the Presiding Judge which in most of the cases is head of the CD, u wont get a CC from the CD straightaway . I am not sure about the General Rules applicable in ur state kindly check urs maybe they might be different, my suggestion is based on the perusal of abovementioned Rules.