MUHAMMED Vs. MUNSIFF TIRUR

JUDGEMENT

(1.) The petitioner is the judgment debtor before the 1st respondent who pronounced an order on 4.8.97 in EP 5/97 in OS 151/1997. Based on the report from the Ameen who did not point out the existence of the thatched shed, order was issued for delivering the property. The decree did not mention about any thatched shed. Therefore, the petitioner contended that the area should be correctly demarcated before delivery is effected. It is in the above circumstances, the petitioner wants to take up the matter further. If delivery is effected as ordered, that will stand to undue advantage to the decree holder as no thatched shed is directed to be delivered. The petitioner applied for a carbon copy. But he was not provided with immediately though he was entitled to one immediately. It is in the above circumstances, the petitioner has approached this court with this original petition commanding the 1st respondent to furnish the carbon copy of the order mentioned above.

(2.) When a judgment of any court is type-written, if it is practicable, copies of the type-written judgment shall be made available to the parties immediately after pronouncement of the judgment on payment of the prescribed charges by the party applying for such copy. It is provided so in O.20 R.6B of the Code of Civil Procedure. Thus, it is an entitlement of a party to the case to get a type-written copy of the judgment as per the said provision. R.239(3) of the Civil Rules of Practice contain a provision that,

(3.) It has come to the notice of this court that there are occasions of not furnishing the carbon copies of the order or the judgment to the party applying for, and such party has to approach this court with original petitions like the one on hand.