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Mukesh Raman (Lawyer (retired but active as a Not-For-Profit))     01 February 2024

Certified copies

Hello, a person has no access to any of the records of a case decided by a trial court. He was not a party to the original suit but he has been named in the execution petition and has received a notice.

He has no way to get copies certified copies of the Judgement and Decree to challenge them and the execution petition in an appeal. The reason is that a defendant in that case has filed an appeal and so, the trail court records are currently with the appellate court. But he may be able to get photocopies of them if he approached the defendant who has filed the appeal. 

So, can he file an application to the appellate court with his appeal to exempt him from filing certified copies explaining the reasons for that?

Or can he produce photocopies with an application to permanently exempt him from producing them with a prayer to consider them as sufficient as they are true copies of the certified copies filed by the other appellant/defendant? Or is there any rules under the appellate jurisdiction to issue certified copies from the trial court records they hold? Please help. Thank you.



Learning

 2 Replies

Real Soul.... (LEGAL)     02 February 2024

ItYou need your documentary evidance to be original, other documents are already availble with court,. Or apply for certified copies of documents

Mukesh Raman (Lawyer (retired but active as a Not-For-Profit))     02 February 2024

Sorry Dear Real Soul. My Q is a bit different, I'm afraid. I'm sorry.


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