Section 56 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
56. Production of records in appellate Courts.
- Original Revenue records will be produced in Courts of first instance by the Kanungo, or Patwari, Moharrir in accordance with the instructions contained in Chapter 9, Volume I, of the High Court Rules and Orders.Briefly, the procedure to be followed in such cases is under:-(i)The Court in which the suit is pending issues a summons to the Kanungo, or Patwari, Moharrir who after preparing his excerpt goes to the court on the date fixed, taking with him the revenue records from which the excerpts has been compiled. He is then placed in the witness box, Counsels thus have the opportunity of comparing the excerpts with the original, and of examining him on any point they choose.(ii)Parties who desire to summon the Kanungo or Patwari, Moharrir as a witness with his records must be required to state succinctly and in writing the point on which information, is required and the application must be sent along with the summons to the Kanungo or Patwari, Moharrir. The Court must see that the application is in a readily intelligible form before they issue it, and the practice where it occurs, of sending for the Kanungo or Patwari, Moharrir to tell what is required must be discontinued though Courts may also issue written instructions or supplement or correct the applications.(iii)Courts must be on their guard against using the Kanungo or Patwari, Moharrir for purposes for which he is not intended, e.g., he is not to be required to give opinions, he is not to be used as local commissioner, or to be asked to provide instances in support of or to refute an alleged Custom. Courts must also see that if, Special Kanungo or Pativari, Moharrir is required, he is summoned for the first hearing after issues are framed, and not, as some times happens at present, at the end of the case. They must also never fail to ask him on oath whether the excerpt is in accordance with the revenue records.(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.
