Naresh (In search of job) 28 July 2010

Certified copy got struck off, what to do?

Learned members,

In the interim maintenance case (u/s 24 HMA) filed by wife, the interim order came on 29-06-2010. I had applied for CC (certified copy) immediately on 30-06-2010 itself, but it was not provided to me immediately. I went to court continuously for almost 3 weeks to find out if the CC is ready. The section people of family court said that the order copy is not yet ready and it is still pending at the judge's chamber. I felt frustrated and didn't go to court for 4 days, on the 5th day, I saw that it got struck off and they said I need to apply freshly. I applied freshly on 26-7-2010 and got it on 27-07-2010, but the application date mentioned on the CC is 26-7-2010, so i will have only 2 days left to go for revision.

My question in this regard is :

(1) Is there a petition (or application/memo) that I can submit to court so that I get the CC from 30-06-2010. Since, if the application date is 26-7-2010, then the limitation period is not applicable I will only get 2 days to go for revision as I understand I can go for revision 30 days from the date of interim judgement or from the date of order copy is ready.

(2) If there is a petition that I can submit then please provide me the format of that petition to be filed in the court and the procedure to file the petition? Also, under what section I need to file this petition?

Please help me urgently as I have only 2 day only

-Naresh

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2 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 28 July 2010

approach local advocate and make sure you file it in shortest time.

(Guest)

Sh. Gagdani has rightly advised you.

1. You have still 2 days left to file revision so you can very well file it why be so aprehensive about CC dates now. Moreover "Condonation of Delay Application" is required when you have exceeded the Period of Limitation which in your presented briefs is not the case so to speak.

2. Here is interesting insight sharing with you on Mockery of Justice by Hon'ble Chennai HC !

"A delay of 13 years in filing an Appeal is sought to be condoned! "

https://causelists.nic.in/temp/15281.html

36. TO CONDONE THE DELAY OF 4509 DAYS IN FILING TO SETASIDE THE ORDER CMP.452/2010 M/S.S.WILLIAM M/S.C.PRASANNA VENKATESH IN PJ.X.VEDANAYAGAM JAYANTHI VENKATESH
SA.414/1987 RAJA PANDIAN
V.THIYAGARAJAN
G.RAMESH KUMAR FOR R1
RR2 TO 6 DISPENSED WITH
(VIDE COURT DT.13.4.2010)

3. The time taken to get Certified Copy as well as number of days the Hon'ble Court was closed etc. is always condoned if shown just cause and your case is within condonable limitation so no need to panic..

4. Now, if you like you may read following sentence as critical comment from a general public, but a litigant should know Law and due process of Law because a litigent is paying to get Justice and nothing is for free in Justice delivery system starting from Rs. 2/- Court fee to admit a suit to so on so forth !

You say you went to Certifying Agency "continiously" for 3 weeks means for 21 days, I suppose you might have spent petrol and precious time in such futile efforts, I also suppose you have a ld. Advocate to backup your case then what prevented you not to go directly to the Judge in OPEN COURT at exactly the start of Court's BOARD TIME in mornign one fine day and showing your certifying copy receipt tell Judge that "Sir / Madam I applied for Certifying Copy in such and such case no. of concerned court for filing Revision and it is not yet ready becuase my case file is in your Chamber, kindly release the file from your chamber so that I can get certified copy in time for which I will remain obliged!"

Had you been boldly said this by the end of first continius visit week to Court certifyign agencyyour work would have been done the very first week !.