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| No statutory right to appeal against certified copy refusal: Court | | | Early Times Report
JAMMU, Nov 5: Holding that an appeal is a creation of statute and cannot be maintained against an administrative or procedural order unless specifically provided under law, the Court of 1st Additional District Judge, Jammu, has dismissed an appeal challenging the refusal to issue a certified copy of a registered sale deed along with its annexures.
1st Additional District Judge Amarjeet Singh Langeh, while dismissing the appeal filed by Advocate Sanjay Raina, observed that an order rejecting an application for issuance of a certified copy does not fall within the category of appealable orders prescribed under the Code of Civil Procedure (CPC).
The appellant had approached the appellate court against an order dated October 14, 2026, passed by the Court of 1st Civil Subordinate Judge, Jammu (Special Municipal Mobile Magistrate), whereby his application seeking a certified copy of the entire sale deed, along with its annexures, executed by Sanjeev Kumar Bhat and others in favour of Avtar Krishan Peer, had been rejected.
The appeal was transferred to the Court of 1st Additional District Judge by the Principal District Judge, Jammu, for disposal in accordance with law.
Examining the maintainability of the appeal, the Court observed that the impugned order was administrative and procedural in nature and, therefore, could not be challenged either through a miscellaneous appeal or a regular civil appeal under the CPC.
The Court pointed out that while Order 41 CPC provides for appeals against original decrees, Order 43 deals with miscellaneous appeals against specified orders.
It further noted that Order 43 Rule 1 CPC contains an exhaustive list of appealable orders and that an order rejecting an application for issuance of a certified copy does not figure in the said list.
"An appeal is a creation of statute," the Court observed, emphasising that the right to appeal must have a specific statutory foundation.
The Court held that since the order refusing issuance of the certified copy was not appealable under the relevant provisions of the CPC, the appeal itself was not maintainable.
Accordingly, the Court dismissed the appeal in limine, without examining the merits of the underlying request for the certified copy.
The appellant, Advocate Sanjay Raina, appeared in person before the Court. (JNF) |
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