Madras High Court
D.Stephen vs D.Elizabeth Malini on 3 June, 2024
C.R.P.No.174 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.No.174 of 2023
D.Stephen ... Petitioner
-Vs-
1.D.Elizabeth Malini
2.D.T.P.Shantha Kumari
3.D.G.Vinolia
4.D.Regina
5.K.Charles
6.K.Beula
7.K.Kingsley
8.S.Sheba
9.S.Janet
10.The Chairman
Tamil Nadu Slum Clearance Board
Kamarajar Salai, Chepauk, Chennai 600 005/
11.The Corporation of Chennai
Rep.by its Commissioner
Rippon Buildings, Chennai 600 003.
12.The Sub Registrar
Otteri, Sub Registrar's Office
Otteri, Chennai. ... Respondents
Prayer : Civil Revision Petition under Article 227 of the Constitution of India to direct
to the Copyist Superintendent, City Civil Court, Chennai to comply the Copy
Application SR.No.23775 of 2022.
For Petitioner : Mr.R.Arunkumar
https://www.mhc.tn.gov.in/judis
Page 1 of 4
C.R.P.No.174 of 2023
ORDER
This CRP seeks for a direction to the XVII Assistant Judge, City Civil Court,
Chennai to comply with the copy application made in C.A.No.23775 of 2022.
2. The petitioner before me is the first defendant in the suit. He wanted
issuance of certified copy of certain documents for which purpose he filed
C.A.No.23775 of 2022. The said Copy Application was returned with the following
endorsement.
" Want correct description of documents. Hence returned. For
what purpose to furnish the UMD along with the written statement.
Hence returned."
3. In terms of Rule 62 of the Civil Rules of Practice and Circular Standing
Orders issued by this Court in exercise of the powers vested under Section 122 of
the Civil Procedure Code, a party is entitled to inspect the plaint / written
statement / documents filed in the suit and obtain copies thereof. Under Rule 62 it
is not essential that the documents should be accepted before the Court in order to
enable the party to obtain certified copies thereof. This issue is no longer res
integra and has been settled by a judgment of this Court in K.R.Sengottuvelu
-vs- Karuppa Naicker in C.R.P.(PD) No.883 of 2004 dated 06.09.2005. In
the said proceedings, the Hon'ble Mr.Justice A.Kulasekaran was pleased to take a
https://www.mhc.tn.gov.in/judis
view that the parties to a proceeding are entitled to certified copies of documents
even though the documents filed along with the pleadings have not been marked.
4. The description of the documents shows that the petitioner seeks for the
copy of the affidavit and the documents filed along with I.A.No.3 of 2022 and for a
copy of the counter and written statements filed by the first defendant. These are
all documents which have come into being after the presentation of the suit and in
terms of Rule 62, in a proceedings which have been filed in Court, a party is
entitled to get a copy thereof. Respectfully following the view taken by Hon'ble
Mr.Justice A.Kulasekaran, this Civil Revision Petition is allowed. No costs. There
shall be a direction to the XVII Assistant Judge, City Civil Court, Chennai to comply
with the Copy Application in C.A.No.23775 of 2022 and issue copies thereof after
following usual procedure.
03.06.2024
Index : Yes/No
Neutral Citation : Yes/No
KST
To
The XVII Assistant Judge
City Civil Court
Chennai.
https://www.mhc.tn.gov.in/judis
V. LAKSHMINARAYANAN, J.
KST
03.06.2024
https://www.mhc.tn.gov.in/judis
