My court submission was not stamped by the reader and my advocate tells me that it will now be read by the judge as a document to assist the court in her reading for the judgement. I went to take a certified copy of my submission but the copy section of the court told me that they can not issue me a certified copy unless the document is stamped by the reader in court. I need the certified copy to submit it in another case in my evidence. What should my advocate do to get my submitted document stamped? Will the court reader stamp a document that has been submitted earlier on at a previous date?

Detailed Legal Analysis

The court reader can stamp your previously submitted document if you follow the appropriate procedure to request it, as per the rules established under the Indian legal framework.

To obtain the necessary stamp on your submission, your advocate should take the following steps:

• Request for Re-stamping: Your advocate should formally request the court registrar or relevant authority to allow re-stamping of the document. This can typically be done through a written application.
• Provide Proof of Submission: It is essential to provide evidence that the document was indeed submitted to the court on the earlier date. This can include:
• A copy of the original submission receipt, if available.
• Any correspondence or acknowledgment from the court regarding the submission.
• Explain the Urgency: Your advocate should explain the necessity of obtaining a certified copy of the document for use in another case, highlighting the legal implications of not having the stamped document.
• Follow Court Procedures: Ensure that the application adheres to the court’s rules and procedures, which may vary by jurisdiction. Your advocate should check the relevant court rules under:
• The Code of Civil Procedure, 1908, which governs civil procedures.
• The relevant court rules of the Punjab and Haryana High Court, as applicable to Zirakpur.
• Check for Administrative Discretion: If the court reader is reluctant to stamp the document, your advocate might need to escalate the matter by seeking a meeting with the court registrar or higher officials.

In some cases, courts may also allow the stamping of documents that were submitted earlier if there’s a valid reason and a proper request is made. If the court has specific rules regarding late stamping or re-stamping, those should be followed. Refer to the relevant provisions in the Court Fees Act, 1870, which governs the stamping of documents in Indian courts.

If the court reader is still uncooperative, your advocate may consider filing an application for directions before the judge, detailing the necessity of the stamped document and the difficulties faced in obtaining it.