M K ETHIRAJULU Vs. REKHA MALINI

JUDGEMENT

(1.) CONSIDERING the nature of the petition, I am of the view that it is not necessary to order notice on the same to the respondents.

(2.) THE petitioner herein filed an application before the Family Court to furnish him with the certified copies of the petition in F.C.O.P.No.1343 of 1997, the decretal order passed in F.C.O.P.No.1343 of 1997 and the judgment in F.C.O.P.No.1343 of 1997.

(3.) IN the Civil Rules of Practice, I do not find any prohibition as such, preventing the grant of copies to third parties. On the other hand Rule 128 (5) only reads as follows: ?IN cases, where it is doubtful whether the document of which a copy is applied for is one for which a copy can or ought to be granted and in all cases, where the applicant is not a party to the suit or proceeding, the application shall be placed before the Judge who shall decide whether it should be granted or refused. If the application is refused by the judge, it shall be returned to the applicant with the order of the Judge endorsed thereon? I do not find from a reading of the provision of Civil Rules of Practice that any prohibition is there for the grant of copies to a third party. All it says is that only where the applicant is not a party, the application shall be placed before the Judge, who shall decided whether it shall be granted or refused.