Court office cannot withhold certified copy: LHC

A man seeking a certified copy of a Lahore High Court (LHC) conditional order won his case after the court directed its office to issue the document, despite non-compliance with the requirement of depositing 50% of the decreed amount or furnishing a surety bond.

The matter was heard by an LHC division bench in Bahawalpur, headed by Justice Muzamil Akhtar Shabir, on a petition filed by Abdul Salam.

He had sought a certified copy of a single bench order suspending a banking court's judgment and decree, subject to the deposit and surety requirement within 60 days.

The petitioner's counsel argued that although interim relief had been granted, the court's office refused to issue the certified copy on the grounds that the condition had not been fulfilled.

This, he said, was hampering the petitioner's ability to inform the executing court, which was proceeding with the decree's execution despite its suspension.

The Deputy Registrar (Judicial) acknowledged that no express legal bar existed against issuing the copy, but maintained that conditional orders should not be released before compliance, citing the example of bail orders where certified copies are withheld until surety bonds are submitted.

He warned the order could be misused if presented without noting the pending condition.

The bench, however, observed that the suspension order took immediate effect, with compliance required within 60 days. If the condition was unmet, the order would lapse automatically.

As the order did not specify that it would only operate after compliance, the office's stance that it was inoperative until then was unfounded.

The court noted that certified copies should generally not be refused unless the application is incompetent or defective, and in this case, the request met the necessary requirements.

It further held that the petitioner needed the copy to present before the trial or executing court to establish that the suspension was effective during the compliance period.

Allowing the petition, the bench directed the Deputy Registrar (Judicial) to issue the certified copy, with an endorsement—if deemed necessary—that the condition had not been fulfilled as of the date of issuance.