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State of Andhra Pradesh - Section

Section 128 in Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980

128. Production of records in the custody of a Court:

(1)An application for the production of records in the custody of a Court shall specify the particular document required to be produced. Unless it is made to appear to the Court that the production of the original documents is necessary, the party shall be required to obtain and file copies thereof and the original shall not be sent for. If the Court dispenses with the affidavit mentioned in Order XIII, Rule 10(2) of the Code of Civil Procedure it shall record in writing the reasons for so doing.
(2)When a Court finds it necessary to require the production of the records of another Court, either within or outside the State, it shall address a Letter of Request as in Form No. 22 direct to the Presiding Judge of that Court.
(3)Where the document to be sent for by a Court either from its own records or from those of another Court under Order XIII, Rule 10, is an account Book, or other document, not being a record (e.g. Judgment, decree, written statement etc.), which has to be in the custody of a Court and belongs to a person other than a party at whose instance it is sent for the Court may require the party to deposit in Court before the letter of request is issued, such sum as it may consider necessary to meet the estimated cost of making a copy of the document when produced.
(4)When the letter of request is to be issued by the Court itself acting of its own motion it shall be opened to the Court to call upon either party to make the deposit as aforesaid.
(5)On the production of the document in compliance with the letter of request, the Court shall cause a notice to be affixed to the notice board that the document has been received and that the parties may apply to the Court for inspection of the same. The Court shall not grant inspection to either party, unless it is satisfied that the application is made with the consent of the person to whom the document belongs. After the document has been admitted in evidence, the Court shall, unless it considers it necessary to retain the original, direct the parties to specify the portion or portions thereof on which they respectively rely, and require a copy to be made of the same at the expense of the party requiring such portion, and shall thereafter, with all convenient speed, return the original to the Court from which it was received, retaining the copies as part of the record [*] [Note: Clauses 3 to 5 were added by G.O.2920L.(G) 22-9-1925 (H.C. Des. 1994 of 1925) for form vide Appendix III-A or Pt. II, Vol. II.].