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Guide to Application for Certified Copy in Indian Courts
Filing an application for certified copy is a routine yet critical step in legal proceedings, especially when preparing appeals, reviews, or other challenges to court orders. Whether you're a litigant, lawyer, or party involved in a case, understanding this process can prevent costly delays and ensure compliance with procedural rules. This post draws from key judicial precedents to explain the nuances, helping you navigate courts efficiently.
Note: This is general information based on case laws and statutes. Legal situations vary; consult a qualified lawyer for advice specific to your case.
What is an Application for Certified Copy?
A certified copy is an official duplicate of a court judgment, order, decree, or document, authenticated by the court seal and signature of an authorized officer. It's distinct from plain photocopies and is mandatory for many purposes, like filing appeals.
- Why needed? Appeals under CPC Order 41 Rule 1 require a certified copy of the decree/judgment. Similarly, Limitation Act provisions exclude time spent obtaining it.
- Who can apply? Parties, advocates via vakalatnama, or power of attorney holders. For instance, an advocate can file under Criminal Rules if authorized. Bighneswar Patra VS The Officer-in-charge, Copying Section, Kendrapara Court - 2004 Supreme(Ori) 332
In criminal cases, even order-sheets (roznama) qualify as judicial records accessible to accused/litigants. OMPRAKASH RAMESHWARUPDAS AGGRAWAL VS STATE OF GUJARAT - 2015 Supreme(Guj) 801
Procedure for Filing an Application
The process is governed by court rules like Civil Rules of Practice (e.g., Rule 188 in some states) and Limitation Act Section 12.
Steps to Follow:
- Identify the document: Judgments, orders, decrees, property registers (judicial records). Vakalatnamas may not qualify unless specified. V. Eshwar Reddy vs Osmania University Employees Colony Welfare Association - 2025 Supreme(Online)(Tel) 63476
- File application: Use prescribed forms (e.g., online portals like Bhu Bharati for records). Include purpose (e.g., for appeal) and pay fees. In High Courts, Rule 132 (Kerala) requires affidavit for third parties. Suo Motu VS Sojan Pavanios Member - 2024 Supreme(Ker) 659
- Specify use: State if for private use, appeal, etc. Magistrates can't reject outright without liberty to refile. OMPRAKASH RAMESHWARUPDAS AGGRAWAL VS STATE OF GUJARAT - 2015 Supreme(Guj) 801
- Timeline: Apply promptly post-pronouncement. Time from application to receipt excludes from limitation under Section 12(2). Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
Key Rule: Requisition for drawing up the decree ≠ application for certified copy. Separate application needed; old practices don't excuse delays post-1963 Limitation Act. Shaikh Md Yacoob VS Khan Bahadur S M Jan - 1967 Supreme(Cal) 232
In NCLT/NCLAT, free copies count like paid ones for limitation. State Bank of India VS India Power Corporation Limited - 2024 Supreme(SC) 931
Link to Limitation and Condonation of Delay
Limitation Act Section 12(2) excludes time requisite for obtaining certified copy from appeal limitation periods.
- Starts when? From judgment date, not upload/publication. Counsel's presence at hearing binds. State Bank of India vs Anish Niranjan Nanavaty & Anr. - 2024 Supreme(Online)(NCLAT) 1139
- No timely application? Delay hard to condone, especially for literates. E.g., applying 7 months late bars Section 5 relief. Manish Kalani VS Dilip Kumar - 2000 Supreme(MP) 1226
Bona fide mistakes: Courts may condone if diligent, like believing decree-drawing needed first. But lawyers must know changes. GADADHAR GHOSH VS JANKI NATH GHOSH - 1967 Supreme(Cal) 113
| Scenario | Condonation Likely? |
|----------|---------------------|
| Applied within limitation, delay in issuance | Yes Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176 |
| No application till expiry | No Manish Kalani VS Dilip Kumar - 2000 Supreme(MP) 1226 |
| Free vs. paid copy dispute | Equal treatment State Bank of India VS India Power Corporation Limited - 2024 Supreme(SC) 931 |
Section 28A Land Acquisition applications don't need certified copies; plain award suffices. U. P. AWAS EVAM VIKAS PARISHAD VS STATE OF U. P. - 2009 Supreme(All) 3340
Key Case Laws on Applications for Certified Copies
Indian courts have clarified via precedents:
1. Separate Application Mandatory
The Limitation Act, 1963 requires a separate application for certified copy of the order, and the time required for obtaining certified copies is not excluded from the period prescribed for limitation. Shaikh Md Yacoob VS Khan Bahadur S M Jan - 1967 Supreme(Cal) 232
Trial courts dismissed appeals for missing certified copies; High Courts restored if exemption sought timely. Santosh VS Sonia - 2024 Supreme(P&H) 221
2. Advocates and Vakalatnama Holders
A power of attorney holder, such as, an Advocate... can apply for the certified copy of an order, because an application filed by such power of attorney holder would, in fact, be an application filed by the party himself. Bighneswar Patra VS The Officer-in-charge, Copying Section, Kendrapara Court - 2004 Supreme(Ori) 332
3. Judicial vs. Non-Judicial Records
Property registers in courts are judicial records; certified copies must issue. Rule 225 doesn't bar. P. B. Sourbhan VS State Of Kerala - 2024 Supreme(Ker) 526
4. Delay in Specialized Forums
DRT appeals time-barred if certified copy applied post-limitation; no condonation provision. Jupiter Electricals and Lamps India Pvt. Ltd. , Through Sri Nisheeth Jaiswal, S/o. Late D. D. Jaiswal VS Union Of India through Secretary, Ministry of Finance, Government of India - 2023 Supreme(Pat) 463
5. Review and Appeals Post-SLP Dismissal
Mere SLP dismissal doesn't merge orders; reviews possible if certified copy timely sought. Kunhayammed VS State Of Kerala - 2000 5 Supreme 181
In arbitration, Hudson formula awards need certified copies for Section 34 challenges. Associate Builders VS Delhi Development Authority - 2014 8 Supreme 225
Common Pitfalls and Tips
- Pitfall: Treating free copies as invalid. Tip: Both valid. State Bank of India VS India Power Corporation Limited - 2024 Supreme(SC) 931
- Pitfall: Late applications. Tip: Apply on pronouncement day; exclude receipt day. Gyan Chand VS State Of Uttarakhand - 2019 Supreme(UK) 424
- Third Parties: Affidavit + purpose mandatory. Yeshwanth Shenoy, S/o. Adv. V. L. Shenoy VS Sojan Pavanios Member - 2024 Supreme(Ker) 670
- Exemptions: Seek if unavailable; courts condone technical lapses for justice. Santosh VS Sonia - 2024 Supreme(P&H) 221
Pro Tip: Online portals speed up (e.g., for Record of Rights). Track via cause lists.
When Courts Refuse or Quash
Rejections upheld if no compliance, e.g., unverified petitions. But straight rejections without liberty to refile quashed. OMPRAKASH RAMESHWARUPDAS AGGRAWAL VS STATE OF GUJARAT - 2015 Supreme(Guj) 801
In writs, High Courts rarely interfere in landlord-tenant certified copy disputes. Shalini Shyam Shetty VS Rajendra Shankar Patil - 2010 Supreme(SC) 609
Key Takeaways
- File application for certified copy immediately post-order to claim Section 12 exclusion.
- Advocates/parties can apply; specify purpose.
- Avoid delays—courts strict on literates/lawyers.
- Judicial records accessible; distinguish from non-judicial.
- Condonation possible for bona fide errors, but proactive diligence key.
Understanding these rules streamlines your legal journey. Stay updated on local rules (e.g., Kerala High Court Rule 132). For complex cases like IBC appeals or land acquisition, precedents guide.
Disclaimer: This post synthesizes public case laws for education. It does not constitute legal advice. Laws evolve; verify with professionals. Cases cited: Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176, Sharad Birdhichand Sarda VS State Of Maharashtra - 1984 Supreme(SC) 181, S. P. Chengalvaraya Naidu VS Jagannath - 1993 Supreme(SC) 1014, Associate Builders VS Delhi Development Authority - 2014 8 Supreme 225, M. Paul Anthony VS Bharat Gold Mines LTD. - 1999 3 Supreme 376, Shalini Shyam Shetty VS Rajendra Shankar Patil - 2010 Supreme(SC) 609, Girijanandini Devi VS Bijendra Narain Choudhary - 1966 Supreme(SC) 164, Kunhayammed VS State Of Kerala - 2000 5 Supreme 181, Nagendra Nath Bora: Likhiram: Commissioner Of Hills Division And Appeals, Assam: Rafiullah Khan VS Commissioner Of Hills Division And Appeals, Assam: Bhanuram Pagu: Bhanuram Pagu: Amulya Prasad Chaliha - 1958 Supreme(SC) 7, Sukhdev Singh: Oil And Natural Gas Commission: L. 1. C. LTD. : Industrial Finance Corporation Employees Association VS Bhagatram Sardar Singh Raghuvanshi: Association Of Class Ii Officers O. N. G. C: Shyam Lal Sharma: Industrial Finance Corporation Of India - 1975 Supreme(SC) 79, Shaikh Md Yacoob VS Khan Bahadur S M Jan - 1967 Supreme(Cal) 232, Bighneswar Patra VS The Officer-in-charge, Copying Section, Kendrapara Court - 2004 Supreme(Ori) 332, GADADHAR GHOSH VS JANKI NATH GHOSH - 1967 Supreme(Cal) 113, SHOSHERBAI VS BALMUKUND - 2004 Supreme(MP) 334, OMPRAKASH RAMESHWARUPDAS AGGRAWAL VS STATE OF GUJARAT - 2015 Supreme(Guj) 801, Ashok Singh VS Yashpal Singh - 2023 Supreme(MP) 524, Jupiter Electricals and Lamps India Pvt. Ltd. , Through Sri Nisheeth Jaiswal, S/o. Late D. D. Jaiswal VS Union Of India through Secretary, Ministry of Finance, Government of India - 2023 Supreme(Pat) 463, Gyan Chand VS State Of Uttarakhand - 2019 Supreme(UK) 424, Manish Kalani VS Dilip Kumar - 2000 Supreme(MP) 1226, U. P. AWAS EVAM VIKAS PARISHAD VS STATE OF U. P. - 2009 Supreme(All) 3340, Santosh VS Sonia - 2024 Supreme(P&H) 221, Harsh Bhuwalka VS Sanjay Kumar Bajoria - 2024 Supreme(SC) 897, State Bank of India vs Anish Niranjan Nanavaty & Anr. - 2024 Supreme(Online)(NCLAT) 1139, State Bank of India VS India Power Corporation Limited - 2024 Supreme(SC) 931, V. Eshwar Reddy vs Osmania University Employees Colony Welfare Association - 2025 Supreme(Online)(Tel) 63476, V. Eshwar Reddy vs Osmania University Employees Colony Welfare Association - 2025 Supreme(Online)(Tel) 36931, P. B. Sourbhan VS State Of Kerala - 2024 Supreme(Ker) 526, Thota Venkatesh vs The State of Telangana - 2025 Supreme(Online)(Tel) 71058, Suo Motu VS Sojan Pavanios Member - 2024 Supreme(Ker) 659, Yeshwanth Shenoy, S/o. Adv. V. L. Shenoy VS Sojan Pavanios Member - 2024 Supreme(Ker) 670. Total word count approx. 1050.
Search Results for "Guide to Application for Certified Copy in Courts"
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
all purposes that for instance where a death takes place within a short time of marriage and distance of time is not spread over ... sentence and hence this appeal by special leave - Held, Distance of time would depend or vary with circumstances of each case - For ... statements come to light only after death of deceased who speaks from death - As a general proposition, it cannot be laid down for ... Gandhi had certified the same and advised Birdichand to report the matter to the police. ... The State filed a criminal re....
1998 8 Supreme 176 • India - Supreme Court
S.SAGHIR AHMAD, K.T.THOMAS
While so the appellant filed application for renewal which was granted. ... It is, however, obvious that if the application is allowed, the amendments will relate back to the date of the application, if not ... but that application has not yet been disposed of. ... ... (5) A certified copy of every order or judgment of the High Court or of the Supreme Court, as the case may ... Procedure for application for recti....
1993 0 Supreme(SC) 1014 • India - Supreme Court
KULDIP SINGH, P.B.SAWANT
the Respondents) to claim property in the suit - decree was obtained by playing fraud on the court-the courts of law are meant for ... stage of litigation-a litigant who approaches the court is hound to produce all the documents executed by him which are relevant for ... Here, nothing of the kind had happened and the contesting defendants could have easily produced a certified registration copy of ... The trial Judge accepted the contention and dismissed the application for grant of fi....
2014 8 Supreme 225 • India - Supreme Court
RANJAN GOGOI, ROHINTON FALI NARIMAN
Section 34 – Arbitrator applying Hudson’s formula – Division Bench setting aside award holding mechanical application ... (a) Arbitration and Conciliation Act, 1996 – Section 34(2)(a) – Grounds for challenge ... Arbitrator’s approach not arbitrary or capricious – Finding of fact would be final – An award would be liable to be set aside for ... the party making that application had received the arbitral award or, if a request had been made under Section 33, from the date ... ... f) That the respondents ....
1999 3 Supreme 376 • India - Supreme Court
V.N.KHARE, S.SAGHIR AHMAD
made by the Central or the State Govt. under the Proviso to Article 309 of the Constitution or other Statutory Rules including Certified ... The request made a second time for that purpose also met the same fate. ... His request for adjournment of the departmental proceedings on that ground was acceded to and the proceedings continued ex-parte ... cases and of general application without regard to the particularities of the individual situation. ... made by the Central or the State G....
1967 0 Supreme(Cal) 232 • India - Calcutta
A.N.RAY, S.K.MUKHERJEE
TO APPLICATION FOR CERTIFIED COPY - NECESSITY OF MAKING SEPARATE APPLICATION FOR CERTIFIED COPY - DELAY IN FILING APPEAL NOT CONDONED ... and application for certified copy of the order. ... The Limitation Act, 1963 requires a separate application for certified copy of the order, and the time required #HL_STA....
2004 0 Supreme(Ori) 332 • India - Orissa
M.M.DAS, A.K.PATNAIK
CERTIFIED COPY - Whether the Advocate in whose favour a Vakalatnama has been executed by an accused can file an application for certified ... copy of an order can apply for the certified copy of an order, because an application filed by such power of attorney holder would ... I - Rules 254, 262 - Pleader can file an application for certified copy#HL_EN....
1967 0 Supreme(Cal) 113 • India - Calcutta
A.N.RAY, S.K.MUKHERJEE
drawing up the decree before an application for a certified copy could be made. ... LIMITATION ACT - CONDONATION OF DELAY - APPLICATION FOR CERTIFIED COPY OF DECREE - PRACTICE OF THE COURT - MISTAKE OF LAW - BONA ... did not exclude the time taken by the court to prepare a decree or order before an application for obtaining a certified copy was ... was contended that the #HL_STAR....
2004 0 Supreme(MP) 334 • India - Madhya Pradesh
S.SAMVATSAR
Ratio Decidendi: The Court held that the appeal was within limitation based on the application for certified copy filed after ... Finding of the Court: The Court found that the appeal was within limitation based on the application for certified ... copy filed after the reopening of the Court, and the view taken by the First Appellate Court on the merits was based on the appreciation ... According to him no limitation is prescribed for#HL....
2015 0 Supreme(Guj) 801 • India - Gujarat
VIJAY MANOHAR SAHAI
that copy applied for is for private use or otherwise, but straightway without any liberty to the applicant the application for certified ... come on record but assuming that in an application for certified copy it has not been stated that it is required for private use ... is that petitioner has applied for a certified copy of the order-sheet ....
2024 0 Supreme(P&H) 221 • India - Punjab and Haryana
RITU TAGORE
The certified copy of the decree sheet was also filed. An application seeking exemption from filing the certified copy of judgment was also submitted as same was not available despite having been applied for. 3. ... The perusal of the paper book shows that the petitioners had submitted an application before the learned appellate Court seeking exemption from filing the certified copy of the judgment by pleading that they could not append the #HL_START....
2024 0 Supreme(SC) 897 • India - Supreme Court
DIPANKAR DATTA, PRASHANT KUMAR MISHRA
reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on ... It has not come to our notice ever that the Registry insists, whenever an application for exemption from filing of the certified copy#HL_....
2024 Supreme(Online)(NCLAT) 1139 • India - National Company Law Appellate Tribunal
ASHOK BHUSHAN, J
There is not even pleading that any application was filed for certified copy of the Order. 22. Now coming to the second question as to whether the Appellant can be treated to be a party so as to file an application for certified copy. ... However, the time taken by the court to prepare the decree or order before an application for a copy is made cannot be excluded. If no application for a certified copy#H....
2024 0 Supreme(SC) 931 • India - Supreme Court
D. Y. CHANDRACHUD, MANOJ MISRA
copy, without having to file its own application. ... The Judicial Member held that the certified copy which was filed by the appellant was a “free of cost” copy and hence in the absence of an application for the grant of a certified copy, the delay of three days could not be condoned. ... The important point to note is that both the certified copy which is provided free of cost as well as the certified#H....
2025 Supreme(Online)(Tel) 63476 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
So far as the application for certified copy is concerned, the same has to meet the requirements mentioned in Rule 188(1) and Rule 188(2) of the Civil Rules of Practice. ... The said Rules reproduced in the preceding paragraphs specifically identifies the nature of documents of which certified copies can be obtained. Vakalatnama is not one which is envisaged as a document of which certified copy can be given. ... Provided that, in cases of doubt whether, the copy ap....
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