Section 173 in Rules of the High Court of Judicature for Rajasthan, 1952
173. Application for summoning record, register or document.
- Any party desiring to summon a record, register or document from a Court or office shall make an application to the Register for that purpose. Such application shall:-(a)he signed by the party or his advocate:(b)be accompanied by a statement signed by the Advocate stating.(i)that such record, register or document was before the lower court and that in his opinion the summoning thereof is necessary for supporting or opposing the appeal or other proceeding in which the application is made, or(ii)that the record, register or document was before the lower court and and giving reasons why it is necessary to summon it: and(c)contain all such particulars as may be necessary to enable such record, register or document to be summoned, including:-(i)the name of the Court or the office from where the record register or document is to be summoned:(ii)the description of such record, register or document:(iii)in the case of a register or document, the language in which such register or document is written and the date and the year, if any, which it bears:(iv)in the case of a register or document forming part of any record, the date on which such register or document. was filed and a description of such record including the date of decision, if any, and(v)where the record desired to be summoned is the record of a decided case, the date when the case was decided:Provided that the Registrar, if otherwise satisfied that the summoning of a record, register or document is necessary, may dispense with the statement mentioned in clause (b), or if not satisfied by such statement that a record, register or document is relevant or material, may before summoning it, require an affidavit, stating clearly how it is relevant or material, andProvided further that the Court may at any stage of the proceeding, if satisfied that the summoning of a record, register or document is necessary, dispense with such application or statement.
