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State of Andhra Pradesh - Section

Section 129 in Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980

129. Production of records in the custody of a Public Officer other than a Court:

(1)A summons for the production of records in the custody of a Public Officer other than a Court shall be in Form No. 23 and shall be addressed to the Head of the Office concerned and in the case of a summons to a District Registrar or a Sub-Registrar of Assurances, it shall be addressed to the Registrar or Sub-Registrar in whose office, or sub-office, as the case may be, the required records are kept:Provided that, where the summons is for the production of village accounts, including field measurement books, such summons shall be addressed to the Tahsildar or the Deputy Tahsildar in independent charge as the case may be:[Provided further that when the summons is for production of records in the .custody of high dignitaries like the Speaker of the Lok-Sabha or State Legislative Council etc., the summons shall be in the form of a letter of request in Form No. 23-A.] [P. Dis. 236/62.]
(2)Every application for such summons shall be made by an affidavit setting out (1) the document or documents, the production of which is required; (2)- the relevancy of the document or documents; and (3) in cases where the production of a certified copy would answer the purpose, whether application was made to the proper officer for a certified copy or copies and the result of such application.
(3)No Court shall issue such summons unless it considers the production of the original necessary or is satisfied that the application for a certified copy has been duly made and has not been granted. The Court shall in every case record its reasons in writing and shall require the applicant to deposit in Court, before the summons is issued, to abide by the order of the Court, such sum as it may consider necessary to meet the estimated cost of making a copy of the document when produced.
(4)On production of the document in obedience to the summons, the Court, unless it thinks it necessary to retain the original, shall direct a copy to be made at the expense of the applicant, and shall with all convenient speed return the original retaining the copy.
(5)Unless the Court requires the production of the original, every such summons to a Public Officer shall state that he is at liberty to produce, instead of the original, a copy certified in the manner prescribed by Section 76 of the Evidence Act.
(6)Nothing in the above rules shall prevent a Court of its own motion from issuing a summons for the production of public records or other documents in the custody of a Public Officer [in accordance with sub-rule (1), if it thinks it necessary for the ends of justice to do so. The Court shall, in every case, record its reasons in writing] [P. Dis. No. 1/46. ].