1. Fix the Civil Court Record

File an Interlocutory Application (IA) for "Correction of Typographical Error in the List of Documents."

• The Plea: State that the document was mistakenly labeled "Xerox" but is physically the "Original."

• The Goal: Ask the Judge to direct the Bench Clerk/Copyist to verify the original status. Once the Judge passes an order confirming it is an original, the Copyist can no longer refuse your Certified Copy.

2. Use the Criminal Court (Faster)

File an application under Section 91 of CrPC (Section 94 BNSS) in the Criminal Court.

• The Request: Ask the Magistrate to summon the record from the Civil Court.

• The Result: The Criminal Court will send a requisition to the Civil Court to produce the document. This bypasses the need for you to obtain a certified copy yourself, as the document moves "Court-to-Court."

Immediate Priority: File the IA for Correction in the Civil Court first. This ensures the document is legally recognized as an "Original" before the Civil trial begins, protecting its evidentiary value in both cases.

Yes you can file amend application. You need to take certified copy and file in criminal court 

1. You must file a  application under Order VI Rule 17 (and/or Section 151) explaining that the document in question is actually the original, and its previous description as a "xerox copy" was a clerical error or oversight.
2. Affidavit: The application must be supported by an affidavit swearing to the truth of the facts stated.
3. Amended List of Documents (or amended plaint) showing the corrected description.
4. if court is satisfied that the amendment is necessary for determining the real controversy and does not prejudice the other side, the court will allow the change.
5. party to the criminal case can file an application under Section 94 of the BNSS requesting the court to summon the specific document from the civil court's record.
6. Demonstrating Necessity: The applicant must convince the magistrate that the document is essential for the trial and relevant to the case.
7. Issuance of Requisition: If satisfied, the criminal court will issue a formal requisition (often called a "judicial summons" or "letter of request") to the civil court where the document is lodged

Dear Sir,

Application under Section 151 CPC (Inherent Powers of Court)

(for correction of accidental/clerical error in the List of Documents)

Order VI Rule 17 CPC (amendment of pleadings) is not strictly required, because:

• You are not changing pleadings

• Only correcting the nature/description of an already filed document

Most courts prefer Section 151 CPC for such corrections.

CRIMINAL COURT CALLING DOCUMENT FROM CIVIL COURT

 Yes — Criminal Court has full power to do this

Legal Provision

Section 91 of CrPC – Summons to produce document

1. You have legal right to obtain the certified copy of the documents which you have submitted before the Court , and only due to mistake in the list of document it cannot be denied. 

2. Yes, during the evidence in the said case , you can move an application to summon the civil case file before the Court , However, it is better to take certified copy to submit the same in the criminal case. 

- Take help of a local lawyer through whom you have filed the case 

1. Yes, you can amend the description of the document in the civil case. You need to file an Interlocutory Application (IA) under Order VI Rule 17 of the Civil Procedure Code, seeking amendment of the plaint or the list of documents to correct the clerical error from "Xerox copy" to "Original." The application should be supported by an affidavit stating the bona fide mistake and the necessity for the correction. Since the trial has not commenced, the court is generally liberal in allowing such amendments to determine the real question in controversy. Simultaneously, you can file an IA under Section 151 of the CPC (inherent powers) requesting the civil court to expedite the certification process or grant permission to obtain a certified copy of the original document, explaining the urgency for the parallel criminal proceedings.

2. Yes, the criminal court can directly summon the document from the civil court records. You should file an application before the criminal court under Section 91 of the Criminal Procedure Code, requesting it to issue a summons or a letter of request to the civil court for the production of the said original RTI report. The criminal court, being satisfied that the document is necessary for the purpose of the trial, can call for such evidence from the civil court's custody. Alternatively, the criminal court may issue a commission under Section 284 CrPC for examination of the document. This procedure avoids delay and is a common practice when evidence is lodged in another court's record.

You can file an interlocutory application (IA) before the same civil court praying for Correction of the description of the RTI document from “Xerox copy” to “Original” in the list of documents annexed to the plaint under section 151 CPC and if required you can invoke order vi rule 17 cpc. If the original is physically on record, description errors are curable.

Courts usually pass an order such as: mistake is clerical in nature. Registry is directed to correct the description and issue certified copy.  Once this order is passed, copying section cannot refuse.

Alternately you can file an Application before the Criminal Court Under Section 91 CrPC seeking direction to  summons to the Civil Court Record Keeper / Registrar, stating that the RTI document is part of a civil court record, it is necessary for just decision of the criminal case and that the certified copy cannot be issued due to procedural reasons. Civil Courts routinely comply with criminal court summons

First, on correcting the description in the civil case.
Yes, there is a lawful procedure to correct the error in the list of documents. What has happened is a clerical/typographical mistake in describing the RTI document as a “xerox copy” instead of “original”. This does not change the nature of the document actually filed.
You should move an application before the same Civil Court invoking:
Section 151 CPC (inherent powers of the court), and
Order VI Rule 17 CPC (amendment of pleadings), limited strictly to correction of the document description.
In the application, you must clearly state:
That the RTI document was filed in original,
That due to inadvertence it was wrongly described as a xerox copy in the list of documents,
That no prejudice is caused to the opposite party,
That the correction is necessary to avoid irreparable hardship and multiplicity of proceedings.
Along with the application, annex:
A copy of the RTI document (if you have a photocopy),
The CA rejection/endorsement by the copyist (if available),
An affidavit affirming that the original RTI document is already on court record.
Courts routinely allow such corrections, especially when trial has not even commenced. Once the court allows the application and records that the document is treated as “original”, the copyist section is bound to issue a certified copy.
Second, on whether the criminal court can call the document from the civil court.
Yes, this is explicitly permitted under law.
You can move an application before the Criminal Court under:
Section 91 CrPC (summons to produce document), or
Section 311 CrPC (for just decision of the case).
In that application, request the Criminal Court to:
Call for the RTI document from the Civil Court record, or
Direct the Civil Court to transmit a certified or court-attested copy.
Criminal Courts frequently call records from Civil Courts, especially when:
The document is already part of a judicial record,
The document is relevant and material,
The party is unable to obtain a certified copy due to procedural constraints.
Once the Criminal Court issues such a direction, the Civil Court registry will comply, and the document can be used in the criminal proceedings without you personally producing it.
Third, practical and strategic advice.
The fastest and safest route is to simultaneously:
File the Section 151 / Order VI Rule 17 application in the Civil Court, and
File a Section 91 CrPC application in the Criminal Court.
Do not wait for marking of documents at trial. Marking is not a precondition for correction of clerical errors or for inter-court production of records.
Courts are guided by the principle that procedural errors should not defeat substantive justice, especially where the document is genuine, old, and no longer obtainable.
In summary:
The mistake in description is curable.
The Civil Court has inherent power to correct it.
The Criminal Court has statutory power to summon it.
You are not legally remediless merely because of an incorrect label in the document list.
You should proceed confidently with the above steps.

Dear Client,
It is a common procedural hurdle to have a document mislabeled in the court records, but established legal remedies do exist to rectify this mistake so you can go ahead with your criminal case. Since the civil trial has not yet begun, you have the latitude to correct the record through a formal application. You can, under the Code of Civil Procedure, file an Application for Correction/Amendment of the List of Documents, which is often done under Section 151 on the inherent powers of the court, elucidating that the RTI report was described as "Xerox" when, actually, the "Original" was produced. The court may verify it through its physical document and order the registry to correct the description of the suit's index. You can simultaneously ask for intervention by the Criminal Court under Section 91 of the CrPC. By making an application under this Section, an applicant can request the Magistrate to issue a summons or production warrant on the Clerk/Registrar of the Civil Courts, requesting them to produce the original RTI Report or a verified copy thereof, for the criminal trial. This is a standard practice, also termed as the "Court-to-Court" practice, whereby critical evidence kept engaged in another legal proceeding needs urgent production to uphold the ends of justice.

I hope this answer helps; if you have any further questions, please don't hesitate to contact us. Thank you.