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State of Madhya Pradesh - Section

Section 105 in M.P. Civil Court Rules, 1961

105.

Subject to any provision of the law to contrary, the originals of public and municipal records should not be called for when duly authenticated and certified copies of the same are admissible in evidence and will serve the purpose for which the records are require.Note 1. - All Subordinate Courts should take special care to prevent the unnecessary production in Court of public documents as defined in Section 74 of the Indian Evidence Act, 1872, or documents forming part of public documents or in public custody. When such documents are called for, the Courts calling for them shall state the circumstances which render the production of the documents necessary. When, however, the Collector or other public officer in charge of the documents has been summoned under Order XVI, Rules 1 and 6 of the Civil Procedure Code, to produce in Court a certain document, it will be his duty to send it to the Court, but such officer may at the same time, in person or by letter addressed to the Court, object to the production of the document under Section 123 or Section 124 of the Indian Evidence Act, 1872 (I of 1872), stating the grounds of such objection. On an objection being made, it shall be the duty of the Court to consider and decide according to law if it should compel the production of such document.Note 2. - The attention of all Courts is drawn to the following Government Resolution No. 1538, dated the 13th May, 1891, regarding the production of post office records, issued by the Director-General of Post offices :-"A summons from a Court of civil or criminal jurisdiction to produce any of the records of a post office, or a certified extract from or copy of any such records must be complied with. The receipt of such a summons, and such particulars as are known to the Postmaster regarding the case should be at once reported to the Postmaster General, in case he should see fit to raise any objection in Court under Section 123 or Section 124 of the Indian Evidence, 1872 (I of 1872), to the production of any of the records. When any journal or other records of a post office is produced in Court and admitted in evidence, the officer producing it should ask the Court to direct that only such portions of the records as may be required by the Court shall be disclosed."