Types of copy of order (certified, typed, true & formal) and procedure/rules.
Dharma
(Querist) 04 February 2012
This query is : Resolved
What is the formal copy of an order and difference between other types of copies?
I applied for permission for sale the property of a minor. Court has rejected and denied for permission. I decided to appeal in the High Court. My lawyer of the High Court said obtains the formal copy of the order besides certified copy. When I applied for formal copy of the order, clerical staff of the lower court said there is no provision for formal copy of this miscellaneous type of case/order. Some lawyers of the lower Court also affirmed this but my lawyer of the High Court saying that it is necessary for appeal. Then I applied before DJ but he irritate (I can’t understand why) and orally said I can’t do this, however he put up the file in given next date (15th February). Meanwhile my lawyer has filled the appeal in the high court with certified copy but without formal copy of the order. The appeal was marked as defected appeal and given the time for that till next date (22nd February).
What are the rules/procedures for formal copy of an order and what I should do in this situation?
prabhakar singh
(Expert) 04 February 2012
Your lawyer at High court is right.
When any order is passed by court of which any copy is applied the then the court passing the order has to draw an formal order(as formal decrees are drawn) where in only operative portion of the order is written but it shows all the parties to the case and is required by the court of appeal to verify that all parties to the suit has been shown in the appeal.
As time might have been running your lawyer
at high court rightly filed the defective appeal from your lower court brief of the case with you.
It is very surprising that your lawyer as well as staff and even judge ship at the district is not aware what a "FORMAL ORDER" IS CALLED.
OF WHICH DISTRICT AND STATE THE MATTER IS????
Devajyoti Barman
(Expert) 04 February 2012
This is quite new to us as in WB it is the certified copy which is sufficient to challenge the order in the higher court.
I am not sure whether your High Court in yur state does require such ' formal order' or not.
adv. rajeev ( rajoo )
(Expert) 04 February 2012
There wont be any formal copy, certfied copy of the judgement or order is sufficent to challenge.
Raj Kumar Makkad
(Expert) 04 February 2012
Formal order means certified copy of order sheet of the day when the case was decided/order was passed.
Generally judgment & decree-sheet are sufficient to file appeal but in some of high courts, formal order of order sheet is also required to be annexed.
Author Sir! As you are using a word which is not heard/known to lawyers and even to judiciary so you are facing such problem.
On Monday, you go to copying branch and apply order dated......which is sufficient for you as duly demanded by your lawyer.
