P.T. Sugunan and Others vs P.P. Ambujakshan and Others

K.A. Abdul Gafoor, J.—Petitioners have approached this Court challenging the order returning their application for carbon copy of the order in I.A. No. 1267 of 2000 in an unnumbered suit filed during vacation now pending on the file of the Munsifs Court, Kannur.

Petitioners moved I.A. No. 1267 of 2000 and notice was ordered in the said I.A. Petitioners applied for carbon copy of the said order. That application is in terms of Rule 239(3) of the Civil Rules of Practice. The said Rule provides that such copy shall be issued to the party on his making an application for an urgent copy under Rule 246 accompanied by the copying charges required by Rule 248. Rule 246 provides that preparation of all copies of documents applied for as far as possible shall be undertaken in accordance with the serial order of the application except when the Judge makes an order for precedence as regards any particular application. To give a copy urgently the Judge concerned shall make an order for precedence concerning the particular application. To enable the Judge to make such order for precedence the particular application shall contain reason or ground for such precedence. Otherwise the Judge will not be able to order precedence.

The petitioners, as revealed from the application containing the order impugned, did not show any particular reason to obtain carbon copy urgently other than for taking further steps. That is not sufficient reason. Petitioners have to make sufficient reason including as to whether they intend to file revision or appeal so that copy can be given expeditiously. It was in the above circumstances the application itself was returned to the petitioners with an endorsement that sufficient reason may be furnished in the affidavit to issue carbon copy. This endorsement is to enable the petitioners to make out their case so that they can seek an order for precedence as compared to an ordinary application. The endorsement returning the application cannot thus be held to be unjustified. Petitioners are free to show sufficient reason and obtain carbon copy. If the petitioners show such reason the order for precedence shall be made immediately and copy shall be delivered without delay.

Civil Revision Petition fails and it is dismissed.