APCRPCO Section 128 : Production of Records in the Custody of a Court

Explanation using Example

Example 1: Request for Original Document Production

Introduction: Raj, a party in a civil lawsuit in Andhra Pradesh, believes that an original contract document held by another court is crucial for his case. He files an application for its production.

Application: According to Section 128(a) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Raj must specify the exact document he needs. The court will require him to obtain and file copies unless he can demonstrate the necessity of the original document. If the court decides not to require the affidavit under Order XIII, Rule 10(2) of the Code of Civil Procedure, it must record the reasons in writing.

Outcome: If Raj fails to justify the need for the original, he may only receive copies. Non-compliance with the requirement to specify the document could result in his application being dismissed.

Conclusion: Raj's ability to present a strong case depends on his compliance with the procedural requirements, demonstrating the necessity for the original document.

Example 2: Court's Request for Records from Another Court

Introduction: In a property dispute, the court in Andhra Pradesh needs records from a court in Telangana to verify previous judgments related to the property.

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