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State of Madhya Pradesh - Section

Section 367 in M.P. Civil Court Rules, 1961

367.

(1)When an appeal is about to be filed by a pleader of an appellate Court and the record of the proceedings in the case is not in the appellate Court situated in the place where the appellate Court ordinarily sits, it should be sent for by the appellate Court and kept ready for inspection by the said pleader, provided a certificate is put in by the pleader to the effect that he is about to file an appeal in the Court addressed under instructions from a person affected by the decree or order of a subordinate Court, that the inspection of the record is necessary in order to enable him to prepare the memorandum of appeal, and that he is unable, without great inconvenience or delay, to see the record at tire place where it is.
(2)If the record is in a Court situated in the place where the appellate Court ordinarily sits but has not been passed on to the record-room the Judge of the Court to which the proceedings belong may, at his discretion, allow the record to be inspected, provided the pleader files a certificate as laid down in sub-rule (1).Note. - An application for moving the Court to act under this rule should be stamped with court-fee stamp of one rupee as required by Article 1A, Schedule II, to the Court Fees Act, or as amended from time to time, it the transmission of the record involves the use of post, a further fee of rupee one or as payable under Article 1A, ibid, should be levied.