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State of Madhya Pradesh - Section

Section 107 in M.P. Civil Court Rules, 1961

107.

When any public document or a document in public custody has been produced in Court in compliance with a summons, and the officer from whose custody it has been produced desires its prompt return, the Court shall, after the document has been inspected or put in evidence, as the case may be, cause it to be returned with the least practicable delay to such officer, after the preparation of such copy as the Court may require under Order XIII, Rule 5 (2), unless its detention is considered to be necessary till the delivery of the judgement. The cost of preparing such a copy shall be borne by the party adducing the particular document as evidence.The High Court vide Memo No. 9340/HI-1-5/51, dated 7-8-59 prescribed that the documents in custody of Parliament or State legislature when required in evidence, a memo be addressed in the following form :FormFrom,To,The Speaker of the House of the People/The Chairman of the Council of States, Parliament House, New Delhi/Speaker Vidhan Sabha, Bhopal.Dated the..........20Sub : (Description of the case)Sir,In the above proceeding, the plaintiff/defendant/complaint/accused proposes to rely upon the documents, specified in the annexure, which are in the custody of the House of the People/The Council of States/Legislative Assembly. I have to request you to move the House, if you have no objection, to grant leave for the production of documents in my Court and, if such leave is granted, to arrange to send the documents/certified copies of the documents so as to reach me on or before.............by registered post (A.D.) or through an officer in the Secretariat of the House.In the above proceeding, the plaint/defendant/complainant/accused proposes to examine............an officer in the Secretariat of the House of People/The Council of States/Legislative Assembly/Legislative Council (or any duly informed officer in the Secretariat of the House) as a witness in regards to matters specified in the Annexure I have to request you to move the House, where oral evidence of an officer in the Secretariat of the House is required, if you have no objection to grant leave for the examination oi the said officer in my Court, and, if such leave is granted, to direct the officer to appear in my Court at 11 A.M. on............Yours faithfully.