Lets understand procedure to file a certified copy in a District court whether it is pending or disposed of / dismissed/rejected /dismissed in default .
WHAT IS CERTIFIED COPY?
Ans. The certified copy is a true copy of the original documents and also contain seal/stamp of the certified copy as true copy on the document i.e. Photostat
A copy of a document signed and certified that it is a true copy of the original by the official who has authorized custody of the original.
All copies furnished by the Court shall be certified to be true copies by the officer appointed for the purpose and shall be sealed with the seal of the Court.
A photocopy of a document, judgement, or record that is signed and attested to as an accurate and a complete reproduction of the original document by a public office in whose custody the original has been placed for safekeeping.
Why we need certified copy?
Ans. When the court passed their wording in the case then the litigant have to apply the certified for comply the order.
The litigant has to apply the certified copy of daily order for knowing the stage of the case and for taking steps in the case.
The certified copy is very necessary at the time of evidence to catch the controversy and loopholes of opposite party.
The certified copy gives the complete focus to the case and brings the case on the very strong stage for litigant and litigant is able to know everything about their case.
If you want to file the appeal against any order or want to file contempt in that case you need certified copy.
FOR PENDING CASE –
If your case is pending before any district court or you want to apply certified copy in your case.
First of all you have to decide which certified copy you want/need to get from the file.
The certified copy is the fully authorized copy that properly authorized by concerned department of the court. And also you can use the certified copy as the original copy.
Now here the procedure.
- Write certified copy application or you can purchase the drafted application.
- Write all the particulars properly i.e. next date of hearing, last date of hearing, case number, place, judge name along with the designation, parties name.
- Write the proper documents that you required like copy of plaint, copy of list of documents, copy of written statement or you can write anything that is available in your case file.
- After filling all the particulars correctly put your signature on the application for certified copy.
- Placed the appropriate court fee on the application.
- The next step is that should be very important to do in all the pending cases is that to allow the application by the concerned court where your case is pending.
- After allowing the application for certified copy submit the application in the copying agency or to the facilitation centre.
- While depositing the application you have to submit some amount as per the required document pages or you can ask from the copying agency about the deposition of sufficient amount.
- After depositing the sufficient amount for certified copy you can get the receipt/acknowledgment from the copying agency.
- The delivery date and time of the certified copy clearly written in the receipt.
- On the delivery date you can go to the copying agency for collecting the certified copy.
Now here the second procedure for applying the certified copy in your disposed of/closed case file please take your case particulars like case number, parties name, place, case nature, court name/designation of judge, court number, next date of hearing , disposed of date., goshwara number.
First of all for applying the certified application in the closed case i.e. Dismissed case, you have to know the goshwara number of your closed case file. The goshwara number shall be given by the ahlmad. You have to ask the goshwara number before applying the ceritified application to the ahlmad.
After knowing the goshwara number fill the application for certified by mentioning all the particulars including goshwara number and disposed of date and follow the same procedure as given hereinabove. But in the disposed of case you don’t need to allow the application from the judge. You can simply apply it to the copying agency/facilitation centre.
SOME RULES FOR APPLYING CERTIFIED COPY.
- In the pending case the parties of case and the engaged counsel are only allowed to apply the certified copy.
- No third person is allowed to apply the certified copy in the pending case.
- The certified copy shall be received by the person who applied the same.
In the disposed of /closed case any third person or anyone can apply for the certified copy just because after disposal, the case file or document shall be declared as the public documents and anyone can get the documents by paying the appropriate fee for the certified copy(note; this is not applicable in the family court just because the family court contains some personal details of parties and don’t want to disclose the personal things in front of the people)
