You can get certified copy of records from the court but paying requisite fees.
Yes they can procure.
No need of citation.
Access of case documents in civil case by public
I would like to know : 1. If a civil case plaint (between apartment owners and developer) can be accessed by "general public" by paying the requisite fee? or is it restricted ? 2. Can the general public procure the documents filed with the "plaint", by the plaintiffs by paying the requisite fee ? PS: It would be helpful if citations can be given for the opinions.
Asked 5 years ago in Civil Law
12 Answers
No, only parties to the suit or their advocate can get the copy of plaint and documents but here are other ways out to get the copies to third person. Not certified.
Orders passed in suit are available online
2) you would not be entitled to copy of plaint and its annexures
OK, Two questions: 1. As a potential buyer of an apartment I would like to know the contents/issues of the case[s] registered regarding that apartment. How do I legally obtain such information ? 2. If I register a case against the developer and then share the case number and main contents with other apartment owners(via apartment website) and occupants i.e tenants and owners (via WhatsApp) then can the developer file for defamation or any other case because of that ? [My intention in informing is to prevent any decisions based on incomplete infromation]
Asked 5 years ago
Demand from builder though legal notice.
No defamation.
1. The normal public cannot see the document till the point they are not interested party.
2. No
Ask builder to furnish said details
2) truth is best defence in defamation case
3) no case of defamation is made out
1. The seller shall provide you order and decree of the court.
2. No that he cannot do as truth is best defence of defamation.
No developer cannot file defamation.
Hello
1. No the plaint of pending case cannot be accessed by general public.
2. No you cannot access documents of pending case.
3. If you want to take the documents you should contact the plaintiff for getting details about the case.
1. The general public means an uninterested person?
In a public court, the general public are allowed to watch the legal proceedings
2. The person who is interested in obtaining the copies of the plaint as well as the documents filed by the parties to suit, he may have to file a third party affidavit giving reasons for procuring the same and apply for certified copies of the documents desired to be obtained from the court
1. In the pending case, if you are not a necessary party to the suit, you may file a petition and an affidavit with the reasons to obtain the certified copies of the desired documents along with a vakalatnama if you would like to engage an advocate for applying for certified copies of the same.
2. You can always share the information with the general public which is of public interest to warn them about the adverse impacts due to the said pending case etc through any social media because you are furnishing the authentic information and not any fake or rumours hence the builder cannot file any defamation case in this regard for whatever the reason may be.
Dear Sir,
You can file third party affidavit saying that you are prospective buyer or like that and get documents from the Court. Usually the pleadings (plaint, interim applications, written statement and objections) will be given to any stranger but documents produced by either party may not be shared by the Court unless there are marked as Exhibits. Further you can physically verify the documents in the Court.
