APCRPCO Section 190 : Application for Certified Copy

Act

Summary

Section 190 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the procedure for applying for a certified copy. Eligible individuals or their representatives can submit applications to the Superintendent of the copyists or the Chief Ministerial officer. Applications must be in Form No. 51, detailing the applicant's information and the document required. Improperly formatted applications will be returned for amendment.

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Explanation using Example

Example 1: Application for Certified Copy by a Party to a Suit

Introduction: Ravi is a plaintiff in a civil suit regarding a property dispute in the Andhra Pradesh High Court. He needs a certified copy of the court's interim order to submit to a local authority for a related matter.

Application: Under Section 190(1) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ravi, being a party to the suit, is entitled to apply for a certified copy of the interim order. He submits his application to the Superintendent of the copyists between 11:00 a.m. and 3:30 p.m. using Form No. 51, as required by Section 190(2).

Outcome: Since Ravi's application is in the correct form and includes all necessary details such as his position in the suit and the description of the document, it is processed without delay. He receives the certified copy within the stipulated time, allowing him to proceed with his submission to the local authority.

Conclusion: Compliance with the procedural requirements ensures that Ravi obtains the necessary document efficiently, highlighting the importance of adhering to the specified application format and timing.

Example 2: Application for Certified Copy by an Advocate's Clerk

Introduction: Anjali, an advocate representing a defendant in a commercial litigation case, needs a certified copy of a judgment to file an appeal. Her authorized clerk, Suresh, is tasked with obtaining the copy.

Application: According to Section 190(1), Suresh, as the authorized clerk, can present the application for the certified copy to the Chief Ministerial officer. He ensures the application is in Form No. 51, detailing Anjali's position in the case and the specific judgment required.

Outcome: The application is initially returned for amendment because it lacked the precise description of the document. After correcting the form, Suresh resubmits it, and the certified copy is issued promptly.

Conclusion: This scenario underscores the necessity of providing complete and accurate information in the application to avoid delays, demonstrating the procedural diligence required in legal processes.

Example 3: Forwarding Application to Another Court

Introduction: Priya, a litigant in a family court case, requires a certified copy of a decree that has been transferred to another court for execution.

Application: As per Section 190(1), Priya has the option to forward her application to the court where the document is currently held. She chooses to have the application forwarded rather than presenting it herself, saving time and effort.

Outcome: The application is successfully forwarded, and Priya receives the certified copy from the court handling the execution. This facilitates her ability to comply with further legal requirements.

Conclusion: The provision allowing forwarding of applications offers flexibility and convenience, especially when documents are held in different jurisdictions.

Example 4: Non-Compliance with Application Form Requirements

Introduction: Kiran, a party to a civil suit, submits an application for a certified copy of a court order but uses an incorrect form.

Application: Under Section 190(2), applications must be in Form No. 51. Kiran's application is returned for amendment due to non-compliance with this requirement.

Outcome: Kiran experiences a delay in obtaining the certified copy, which affects his ability to meet a filing deadline for an appeal.

Conclusion: This example highlights the critical nature of adhering to prescribed forms and procedures to avoid detrimental delays in legal processes.

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