IMPORTANT POINT
The court established that compliance with procedural requirements is crucial for the validity of applications in court proceedings, particularly for third parties seeking access to case documents.

ORDER :

Anil K. Narendran, J.

Un-numbered I.A.No.1 of 2024

Applicant, a third party to this contempt case, has filed this interlocutory application under Rule 132 of the Rules of the High Court of Kerala, 1971, for issuance of a certified copy of the notice, petition, connected exhibits/annexures and the affidavit filed by respondent No.23 in the contempt case. In the interlocutory application filed on 07.06.2024, the Registry noted certain defects. Therefore, the unnumbered interlocutory application is listed before the Bench.

2. Heard the applicant-third party, who appeared in person, the learned Senior Counsel for the 2nd respondent and the learned Senior Counsel for the 23rd respondent in the contempt case.

3. The applicant argued that the Registry treats lawyers differently. A third party application filed as I.A.No.1 of 2024 in Cont. Case (Crl.)No.2 of 2023, under Rule 132 of the Rules of the High Court of Kerala, which was captioned as a verified petition, which contained only an affidavit sworn to by the applicant, without a proper cause title, was numbered by the Registry. After the substitution of the Rules in Chapter X of the Rules of the High Court of Kerala, by the Rules of the High Court of Kerala (Amendment), 2021, such an application by a third party has to satisfy the requirements of Rule 132. Without noticing the same, that application was allowed by this Court on 19.03.2024. The applicant has made available for the perusal of this Court a copy of I.A.No.1 of 2024 in Cont. Case (Crl.)No.2 of 2023 and the order dated 19.03.2024. The applicant herein is the respondent in that contempt case. The applicant would argue that since procedure is considered to be the handmade of justice, this Court has ample power to grant the relief sought for in this interlocutory application, even when the application is defective in view of the provisions under Rule 132 of the Rules of the High Court of Kerala.

4. On the other hand, the learned Senior Counsel for the 2nd respondent and the learned Senior Counsel for the 23rd respondent in the contempt case contended that when the interlocutory application made by the applicant is not one as per the requirements of Rule 132 of the Rules of the High Court of Kerala, Registry cannot be found fault with in not numbering the same. The learned Senior Counsel for the 23rd respondent pointed out that the affidavit filed in support of this interlocutory application contains various allegations against the 23rd respondent, which cannot be made in an affidavit filed in support of an application filed under Rule 132 of the Rules of the High Court of Kerala.

5. The application is captioned as a verified petition under Rule 132 of the Rules of the High Court of Kerala. It is in the form of an affidavit sworn to by the applicant, which is attested by a lawyer. Registry noted defects, in view of the provisions under sub-rule (2) of Rule 132 of the Rules of the High Court of Kerala, as substituted by the Rules of the High Court of Kerala (Amendment), 2021, vide Notification No.DI- 1/20613/2018 dated 08.12.2021 published in Kerala Gazette Vol.11 dated 11.01.2022.

6. Chapter X of the Rules of the High Court of Kerala deals with certified copies. Rules 128 to 138 in Chapter X were substituted by the Rules of High Court of Kerala (Amendment), 2021. Prior to that amendment, an application for copies by strangers was governed by the provisions under Rule 129, which reads thus;

“129. Application for copies by strangers.- Application for copies for records by persons not parties to the proceeding shall be allowed only by order of the court, obtained on a duly verified petition, setting forth the purpose for which the copy is required. But copies of judgments and decrees can be granted to all persons prepared to pay the prescribed fees for the supply of such copies.”

7. After the substitution of Rules 128 to 138 by the Rules of High Court of Kerala (Amendment), 2021, Rule 132 deals with application for copies by per