Section 56(iv) in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
(iv)The excerpts prepared by the Kanungo is not evidence unless proved and cannot be used as such. He cannot be allowed to go to outlying Courts because he cannot take revenue record with him and without them, there would be no check over his excerpts. It is, however, very desirable that outlying Courts should be able to utilize the Kanungo, and as the best practicable method of securing that object, Presiding Officers of outlying Courts may issue either interrogatories for the Kanungo or an open commission to a senior official at headquarters ordinarily and, unless there is some special reason to the contrary, Revenue Assistant or an Officer not below the rank of an Assistant Collector I Grade. This official, who will have other duties and is described in the instructions appended as the officer-in-charge, will then comply with the direction is given, summon the Kanungo record his statement on oath and make the return to the Court. In this connection, attention, is drawn to Order XXVI, rule 18(1) of the Code of Civil Procedure. This issue of a commission should not become a source of unnecessary delay, and the officer in-charge should in the absence of very strong reasons proceed in the absence of parties if, they do not appear. Parties should be informed that their appearance at headquarters is optional if interrogatories are issued.
