(1) A summons for the production of records in the custody of a public officer other than a Court shall be addressed to the Head of the office concerned and in the case of summons to a District Registrar or 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 Tahasildar.
(2) Every application for such summons shall be made by an affidavit setting out,-
(a) the document or documents the production of which is required;
(b) the relevancy of the document or documents; and
(c) 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) The Special Court shall not 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 Special Court shall in every case record its reason 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 as prescribed under Section 76 of the Evidence Act, 1872 (1872, Central Act 01 of 1872).
(6) Nothing in the above Regulations shall prevent the Special Court of its own motion from issuing summons for the production of public records or other documents in the custody of a public officer, in accordance with sub-regulation (1) if it thinks it necessary for the ends of justice to do so.