PART B THE GRANT OF COPIES AND TRANSLATION OF RECORDS.
A. Persons entitled to copies.
1. A copy or translation of a judicial record may be granted in the manner prescribed by these rules to any person who is legally entitled to receive it.
2. (i) A party to a suit or appeal is entitled, at any stage of the suit or appeal, to obtain on payment copies of the record of the suit or appeal, including exhibits which have been put in and finally accepted by the Court in evidence.
Note: A party who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another party, until he has first filed his own.
(ii) A stranger to the suit or appeal may, after decree, obtain as of right on payment copies of the plaint, memorandum of appeal, written statements, affidavits and petitions filed in the suit or appeal; and may, for sufficient reason shown to the satisfaction of the Court, obtain copies of any such documents before decree.
(iii) A stranger to the suit or appeal may also obtain as of right, on payment copies of judgments, decrees or orders, at any time after they have been passed or made.
(iv) A stranger to the suit or appeal has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced.
(v) Any person entitled to obtain a copy of a judicial record may apply for a translation thereof.
B. Application for copies and translation of records.
3. (i) Copies or translations of judicial records of the High Court will be supplied on application made to the Court.
Note: Every such application shall bear a Court-fee label of five rupees, - vide Schedule II, Article I (d) (iv), Court-Fee Act,1870, as amended by Punjab Finance Act, 1973. (see Gazette of Punjab Extra-ordinary, 29th June, 1973).*
(ii) Every such application may be either-
(a) presented in the ordinary course ; or
(b) transmitted through the post, addressed to the Registrar or the Deputy Registrar.
4. Every application for a copy or translation shall contain the following particulars, namely,-
(a) the name of the cause;
(b) if the cause is pending, the date of institution thereof, and the date fixed for hearing, if any;
(c) if the cause has been decided, the date of decision;
(d) where the information referred to in clause (b) and (c) is not available to the applicant, such other information as may be sufficient to enable the cause to be identified and traced;
(e) the nature of the document, a copy or translation of which is required;
(f) in the case of a copy, whether for private or general use;
(g) the name and full postal address of applicant.
5. (i) Upon the presentation or receipt by post of an application for copy or translation, the proper officer shall-
(a) endorse or cause to be endorsed thereon the date of presentation;
(b) initial the endorsement;
(c) cause the application to be registered as hereinafter provided; and
(d) cause the court-fee thereon to be cancelled according to law.
The application will then be examined and an order passed thereon as hereinafter prescribed.
Note: The Incharge, Judicial Copy Section, is authorized to deal with applications for copies and translations under these rules.
(ii) If the application is in proper form and is one which may properly be granted under the rules and practice of the Court, an order will be recorded thereon directing the copy or translation required to be made and delivered.
(iii) If the application is not in proper form or is one which may not properly be granted under the rules and practice of the Court, an order will be recorded thereon specifying the requirements to be complied with and directing its return to the applicant, or refusing the application and directing that it be filed, according to the circumstances of the case.
(iv) Applications for copies which are made so late that the copies cannot be completed by the date on which they are required, will be returned to the applicant with an endorsement to that effect.
C. Description of copies.
6. Copies supplied are of three kinds, namely,-
(i) Attested copies (supplied in either English or Vernacular), for private use, which do not require a court-fee stamp, but cannot be used officially until the prescribed court-fee has been affixed.
(ii) Attested copies (supplied in either English or Vernacular), for general use, on which the court-fee prescribed by Articles 6, 7, 8 or 9 (as the case may be) of Schedule I of Act VII of 1870 must be affixed before delivery, namely:
On copies of decrees Rs. 4.00
On copies of judgment Rs. 8.00
Other copies -
For every 360 words or fraction
thereof. Rs. 1.50*
(iii) Unattested copies of plaints, exhibits and depositions prepared by court stenographers under the orders of the Presiding Judge when application is made before hand, are supplied to parties at the rate of Rs. 1.00 per page,
for the first four pages - Rs. 1.00 with an additional charge of Rs. 1.00 for each additional;
one-fourth of the fees so realized shall be paid to the court stenographer concerned.*
(iv) Unattested copies of orders passed in a departmental case in the High Court required by a party to the case for the
purposes of appeal are supplied by Copying Agency at the rate of Rs. 4/- for every order.
(v) Every application for attested copy will be entertained subject to deposit of cost in advance as may be fixed by the Chief Justice from time to time. The amount so deposited will be adjusted at the time of delivery of copy.
7. (i) Consolidated fees shall be charged for attested copies according to the following scales or as may be prescribed from time to time :-
(a) English copy (attested)
For first 200 words or under --- Rs.1.50
Every additional 100 words or under --- Rs.1.00
(b) Vernacular copy (attested)
First 200 words or under --- Rs. 1.50
Every additional 100 words or under --- Rs. 1.00
(c) Copies of judgments supplied
for purposes of reporting to the
reporters of Private Law Journals,
which undertake to publish only judgments approved
for reporting such copies to be
marked “For reporting only” per page --- Rs. 2.00
(d) Copies of judgments supplied for purposes of reporting to authorized representatives of newspapers who give an undertaking that copies so supplied will be used only for reporting such copies to be marked “For reporting only” per copy --- Rs. 8.00
(ii) For field maps, boundary maps, tabular work and similar work, a special fee which must always be a multiple of Rs.5/- shall be fixed by the Deputy Registrar. --- Rs.5.00
(iii) The above fees shall include the cost of the paper which will be supplied by Government. --- Rs.5.00
(iv) On application for urgent copies, i.e., copies to take precedence of other copying work, a uniform extra fee of two rupees shall be charged. --- Rs.2.00
Note: For the purpose of (iv) above, the extra fee to be charged shall be for each paper copied which can properly be regarded as a separate paper, e.g., every deposition of a witness or written statement of a party or order of the Court is a separate paper. In case of doubt as to whether a paper is separate or not, the Deputy Registrar shall decide.
(iv-a) The fees shall be charged for attested copies (English & Urdu) prepared on photocopier according to Rs. 2.00 per page.*
8. Copies of translations of records which have already been translated, or of records ordinarily translated free of charge, will be supplied under the rules applicable to ordinary copies.
Copies of translations of records which have not been translated already or of records not ordinarily translated free of charge, will be supplied under the rules applicable to translations.
9. Copies shall ordinarily be delivered to the applicant not later than three days from the date on which the fees required under these rules are deposited.
10. If the actual amount of the charge is to be made in respect of a copy or translation-
(i) exceeds the amount deposited, the balance will be recovered before the copy is delivered;
(ii) falls short of the amount deposited, the surplus will be returned to the person entitled to the copy at the time of delivering the copy to him.
11. Copies of record required for public purposes by public officers as defined in section 2(17) of the Code of Civil Procedure of the Federal or Provincial Governments in Pakistan shall be supplied free of charge provided the application for copy is endorsed by the Head of the Department concerned.*
12. A copy of the judgment of the High Court, in appeal or revision in every criminal case in which, as a result of the decision of the High Court, any convicted person is required to undergo imprisonment for a period of not less than two years shall be supplied free of cost to the Superintendent of the Jail concerned within one month from the date of judgment or order.
13. When a death sentence is passed or confirmed by the High Court and the condemned prisoner wishes to appeal to the Supreme Court, he should be given a copy of the judgment of the High Court free of cost.
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