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State of Madhya Pradesh - Section

Section 339 in M.P. Civil Court Rules, 1961

339.

(1)Documents suspected to be forged should be kept in a sealed cover in the custody of the Nazir or Naib-Nazir and not in the connected record. At an out-station when the record of a case containing such a document is sent after disposal to the district record-room the Judge should send the sealed cover separately along with a covering letter inside a registered packet to the officer in charge of the record-room drawing his special attention to the nature of the contents of the sealed coyer and giving the number and date of disposal of the connected case and the particulars of the document sufficient to identify it and asking for an acknowledgment of the same. The sealed cover itself should bear these details and should also bear the certificate of the despatching Judge that the cover was sealed in his presence. On receipt of the packet in the district office the officer receiving it should satisfy himself that the particulars stated on the cover tally with those given in the letter. He should then send the cover and the letter to the record-keeper who shall keep the cover in his charge under lock and key in a box provided for the purpose. The record-keeper shall acknowledge on the covering letter that he has received the sealed cover described therein and return the letter forthwith to the last mentioned officer who shall transmit it to the despatching Judge. The despatching Judge should preserve the covering letter for one year.
(2)In the case of Courts at headquarters the procedure laid down in sub-rule (1) should be followed except that instead of a registered packet a closed packet shall be sent by the reader to the record-keeper direct. The record-keeper will acknowledge on the covering letter receipt of the cover, with its seals intact and with particulars stated on the cover tallying with those of the letter. This acknowledgment will be sent immediately to the despatching Court where it will be preserved for one year.
(3)As covers are received the record-keeper shall note the date of receipt of each sealed cover in a list which should be kept in the aforesaid box The list should be preserved for three years from the date of disposal of the document last pending on it.
(4)If the document is required by a Court for any purpose it should not be sent by the record-keeper except on a requisition endorsed by the Court. On no account should tire document be kept in the record until five years have passed from the date of final order in the case when the record-keeper will, if permitted by the officer in charge of the record-room, remove it from the sealed cover and file it as an ordinary document at its proper place in the record and make the necessary entry in the table of contents. The document will, in the absence of a special direction to the contrary, be destroyed when the file is eliminated.