Page 54 - Bengal Records Manual, 1943.doc

Compendium on Acts and Rules

(1) When a document or record in original is called for by a Civil Court at the instance

of a private party it should be examined first whether certified copies of all the papers
required to be proved have been filed in the Court, and, when the paper called for is a
public document, whether it has been stated that there are special reasons for an

inspection of the original although a certified copy has been filed. The clerk taking the
record to the Court should then be able to bring back with him the complete record

without being detained.
As searching fee will have been paid by the party already when taking certified copy, no
further searching fee shall be levied when a Civil Court calls for a record from any

Collectorate or Commissioner's office at the instance of a private party.
(2) If it appears that certified copies of all the papers required for production have not
been filed in the requisitioning Court or that in the case of public documents, though

such certified copies have been filed, no special reasons have been stated for the
production of the original or when the special reasons stated do not appear to the officer
in charge of the records to be sufficient, an objection shall be framed and forwarded to

the Court by a letter for its decision before the records are sent.
High-Court's circular order No. 14 of 1926 (Civil)—Note (1) to Rule 23, page 88 of High

Court's Rules (Civil)—is "quoted below :-
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 Court 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, 1908, 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, stating the grounds of such objection. The Court calling for the production of

a document shall allow, on each occasion when the production of such document is
necessary, sufficient time to enable the Collector or the public officer concerned, to
consider, whether there is any objection to the production of the document requisitioned,

and, if so advised, to frame and prefer the objection, and also to enable the Court to
consider the same and decide, after hearing the parties, if necessary, whether it should

compel the production of such document or not, and, in either case, to communicate its

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