Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
14 Days Rule for Copy - Limitation for filing written statements and procedural compliance under Order VIII Rule 1 CPC and related rules. The period for filing a written statement is generally 30 days from service of summons, with a maximum extension up to 90 days upon showing justifiable cause. The court emphasizes strict adherence to these timelines, and any delay beyond the prescribed period, such as 120 days, is typically not entertained unless exceptional circumstances or specific exemptions (e.g., Rule 14 of NCLAT Rules) apply ["2023 0 Supreme(Del) 384"], ["2024 0 Supreme(Mad) 2069"], ["2024 0 Supreme(Del) 606"].
Copy of Orders and Limitation - The obligation to obtain certified copies of tribunal or court orders is crucial for limitation calculations. While parties have a right to free copies under Section 420(3) of the Companies Act, they must actively seek certified copies through proper applications, especially under rules like Rule 22(2) of NCLAT Rules. The tribunal can exempt parties from strict compliance in the interest of justice, but such waivers are discretionary and do not automatically extend limitation periods or negate procedural requirements ["2024 Supreme(Online)(NCLAT) 1139"], ["2025 0 Supreme(SC) 781"], ["2024 Supreme(Online)(NCLAT) 1130"].
Condonation of Delay - Applications for condonation of delay must specify the exact period of delay beyond the statutory or prescribed limit. Courts scrutinize whether the delay exceeds the permissible period (e.g., 30 days plus 15 days extension), and condonation is granted based on justifiable reasons. Delays exceeding the statutory limit (e.g., 45 days for filing replies or appeals) require proper explanation; otherwise, the delay may be rejected ["2025 0 Supreme(Del) 720"].
Limitation and Time Extensions - The law prescribes strict timelines for filing responses, appeals, or written statements, with limited scope for extensions. For instance, the maximum extension permitted is often 15 days beyond the initial period, and courts do not favor routine extensions that nullify the fixed periods. Proper procedural compliance is essential, and failure to do so can lead to dismissal or rejection of pleadings ["01100152668"], ["2024 0 Supreme(Del) 606"].
Overall Conclusion - The 14 Days Rule and related procedural timelines serve to ensure timely disposal of cases and uphold judicial discipline. Parties must diligently seek certified copies and adhere to prescribed time limits, with courts exercising limited discretion for extensions or exemptions. Procedural lapses, especially beyond statutory limits, can adversely affect the rights of parties and the progress of litigation ["2025 Supreme(Online)(Jhk) 4318"], ["Humayun Kabir -Versus- The State and another - Supreme Court"].
References:- CPC Order VIII Rule 1 and 8- Rules of NCLAT and NCLT regarding certified copies and exemptions- Sections 420(3) of Companies Act- Limitation principles and condonation criteria
In legal proceedings, obtaining a certified copy of a judgment, decree, or order is often crucial for appeals, executions, or further actions. But what happens when delays occur? Many litigants wonder about the 14 Days Rule for Copy—a common query in court procedures. This guideline typically sets expectations for how quickly courts or copying departments should prepare and deliver these essential documents.
This blog post breaks down the 14-day rule, drawing from statutory rules, departmental practices, and judicial interpretations. We'll explore timelines, exceptions, and practical advice to help you navigate this process effectively. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
The 14 days rule generally refers to the period within which courts or copying departments are expected to prepare and deliver a certified copy of a judgment, decree, or order. In ordinary circumstances, this should be ready within 10 to 14 days from the date of application. However, this is not an absolute deadline but a guideline emphasizing diligence and reasonable timeframes, as per civil rules and judicial decisions.
Key points include:- It's a typical or maximum timeframe for civil proceedings.- Delays due to the applicant's negligence or external factors beyond the court's control are excluded from this period.- The rule allows flexibility based on urgency, departmental efficiency, and specific court orders, such as Rules 234, 235, 239, and 240 of relevant Civil Rules. 1983 0 Supreme(Raj) 173 2018 0 Supreme(Raj) 654 2025 0 Supreme(HP) 830
Courts have consistently viewed the 14-day period as a norm rather than a rigid mandate. For instance, 1983 0 Supreme(Raj) 173 states that a copy shall ordinarily be delivered within 7 days, but practical delays may extend this to 14 days. Similarly, 2025 0 Supreme(HP) 830 specifies that a standard copy is prepared by the 10th working day, with urgent copies ready in three working days.
In 2018 0 Supreme(Raj) 654, the court clarified: the requisite time for obtaining a copy generally aligns with the maximum period of 14 days, but delays caused by the applicant’s negligence or external circumstances are not counted. This underscores that applicants must exercise due diligence.
Another ruling in 1992 0 Supreme(Ker) 323 supports a statutory period of around 7 days, extending to 14 days in non-urgent cases. These interpretations ensure fairness while accounting for real-world constraints like backlogs or holidays.
Rules such as 234, 235, 239, and 240 outline procedures for notifying applicants when copies are ready. 1983 0 Supreme(Raj) 173 2018 0 Supreme(Raj) 654 2025 0 Supreme(HP) 830 These promote transparency, but actual times can vary. Delays beyond 10-14 days may be justified if due to genuine reasons, though courts expect accountability.
The rule isn't inflexible. Common exceptions include:- Urgent applications: Copies can be expedited to the next working day or within 3 days. 1983 0 Supreme(Raj) 173 2025 0 Supreme(HP) 830- Administrative delays: Backlogs, holidays, or departmental inefficiencies often extend timelines without penalty to the court.- Applicant's fault: Negligence, like failing to follow up or provide complete details, doesn't count toward the 14 days.
Judicial decisions reinforce this: delays attributable to the applicant are not counted.1983 0 Supreme(Raj) 173 2018 0 Supreme(Raj) 654
The 14-day rule frequently intersects with limitation periods for appeals or applications, where time for obtaining copies is excluded. For example, in 2018 0 Supreme(Sikk) 32, the court calculated: Time required for obtaining certified copy: 9 days... Subtracting further the period of 9 days as time requisite for obtaining certified copy=12-9=3 days. This shows how copy preparation time is deducted from overall limitation computations.
Similarly, 2006 0 Supreme(Pat) 636 addressed condonation: remission of delay of 17 days in obtaining Proper certified copy is deducted then last date of filing comes to 14.10.2005. Here, a 17-day delay was excused due to circumstances beyond control, highlighting judicial discretion in excluding copy-related delays.
In other contexts, like trade marks or rent control, strict timelines prevail, but copy delays are similarly factored out.
MS Aman Engineering Works vs Registrar Trade Marks, Trade Marks Registry, New Delhi
For instance, statutory periods remain mandatory, with no condonation beyond prescribed limits, indirectly supporting adherence to copy supply norms.These cases illustrate that while the 14-day guideline holds, courts flexibly exclude reasonable copy-obtaining time from limitation calculations, promoting justice over technicalities.
To avoid pitfalls:- Apply early: Request copies well before limitation deadlines, anticipating the 10-14 day window.- Follow up diligently: Track status via notices under relevant rules and document communications.- Opt for urgency if needed: Specify urgent applications for faster service.- Legal practitioners: Maintain records of efforts to counter delay disputes.
Courts and departments should strive for the 14-day target but can extend reasonably with transparency.
Final Note: Understanding the 14-day rule empowers litigants to act proactively. While practices vary by jurisdiction, these principles generally guide court copy supply. For personalized guidance, seek professional legal counsel.
#14DaysRule #CourtCopies #LegalTimelines
outer limit of 120 days as stipulated under Order VIII Rule 1 CPC. ... It is an admitted case of the parties that the two directors of the respondents were served on 05.04.2022 and 14.04.2022 respectively. 14. ... Per contra, learned counsel appearing for the respondents/defendants submits that no doubt that the respondents were served on 05.04.2022 and 14.04.2022, however, no copy of th....
It cannot be said that the right to receive a free copy under Section 420(3) of the Companies Act obviated the obligation on the appellant to seek a certified copy through an application. The appellant has urged that Rule 14 [ “14. Power to exempt. ... Rule 2(14) as extracted above defines “filed” means filed in the office of the registry of the Tribunal. There is not e....
The appellant has urged that Rule 14 of the NCLAT RULES empowers NCLAT to exempt parties from compliance with the requirement of any of the rules in the interests of substantial justice, which has been typically exercised in favour of allowing a downloaded copy in lieu of a certified copy ... This Court further clarified that while Rule 22(2) of the NCLAT RULES mandates the filing of a certified #HL_STA....
It cannot be said that the right to receive a free copy under Section 420(3) of the Companies Act obviated the obligation on the appellant to seek a certified copy through an application. The appellant has urged that Rule 14 [ “14. Power to exempt. ... Owing to the special nature of IBC, the aggrieved party is expected to exercise due diligence and apply for a certified copy upon pronoun....
from the date of receipt of a copy of this order. ... Order 8 Rule 1 of CPC states that the defendant shall within thirty days from the date of service of summons on him present a written statement of his defence. ... COMMON ORDER Order 8 Rule 1 of CPC states that written statement should be filed within thirty days from the date of service of summons on the defendant. ... The court has to bear in mind th....
No. 15437 of 2023- for condonation of delay of 16 days in filing replication to written statement of Defendant/ Respondent Nos. 1 to 3Commencement of the limitation15.05.2023Expiry of 30-Day Period under Rule 5, Chapter VII14.06.2023 ... Expiry of Condonable Period of 15 days, which commenced after the expiry of Prescribed Period under Rule 5, Chapter VII29.06.2023I. ... Learned counsel for the Appellant ....
VIII Rule 1 of the Code. ... The defendant cannot claim an extension of time to file the written statement as a matter of course or without showing a justifiable cause for not being able to file the written statement within 30 days of the receipt of summons of the suit, as prescribed under Order V Rule 1, sub-rule (1) and Order ... This is further buttressed by the proviso in Order 8 Rule 10 also adding t....
14. ... 14. However, Mr. Nitin Kr. ... Jalgaon Medium Project [(2008) 17 SCC 448] 14. In P. Ramachandra Rao v. ... the period consumed in obtaining the certified copy. ... upon the officials concerned when the issue of delay of 506 days is sought to be condoned.
or the extended period of 15 days. ... No such discretion has been provided for under Section 13(2)(a) of the Consumer Protection Act for filing a response to the complaint beyond the extended period of 45 days (30 days plus 15 days). ... Reading Rule 50, it is clear that the evidence by way of affidavit in support of an opposition to the registration of a trade mark has to be filed within two months of t....
Therefore, he prayed to make the Rule absolute. ... In the result, the Rule is made absolute. ... by Divisional Special Judge, Barishal in Special Case No. 14 ... charge sheet was submitted on 30.04.2018 and the Divisional Special Judge, Barisal issued a warrant of arrest against the appellant on 14.11.2018
6. Time required for obtaining certified copy: 9 days 9. Substracting (sic. ‘subtracting’) further the period of 9 days as time requisite for obtaining certified copy=12-9=3 days.
Provided that no order shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party: Provided further that in computing the period of thirty days for the purpose of this sub-rule, the time requisite for obtaining a certified copy of the order shall be excluded: Provided also that in respect of a second or subsequent application to set aside an ex parte order or an order of dismissal for default the Controller shall have d....
As per the said amendment, Rule 4(iii) stands deleted. Under Rule 6, the period of 14 days has been substituted by 20 days in case of first release and 30 days in case of subsequent release.
3. It has been submitted that the delay caused by the District Magistrate and the Public Prosecutor was on account of circumstances beyond control of the appellant. When remission of delay of 17 days in obtaining Proper certified copy is deducted then last date of filing comes to 14.10.2005. the Assistant Prosecuting Officer in the trial court was transferred out of Patna Civil Court and the next Assistant Prosecuting Officer had to spend long period to get acquainted with th....
Provided that in respect of a second or subsequent application to set aside an ex parte order or an order of dismissal for default, the Controller shall have discretion to grant or refuse stay." Provided that no order shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party: Provided further that in computing that period of thirty days for the purpose of this sub-rule, the time requisite for obtaining a certified copy of the ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.