Preamble

OF THE FILES AND BOOKS SECTION I RECONSTRUCTION OF CREDIT INSTRUMENTS Article 1068 – Petition and summons for reconstruction of destroyed credit instruments - Whoever proposes reconstruction of the credit instruments which are destroyed, shall describe the

said credit instruments and give in summary their content their destruction and for this purpose he may file documents to prove the same and upto five witnesses. If on the basis of evidence adduced, the judge is the view that the petition requires consideration, he shall fix the date for the meeting of the parties and for the same meeting the parties who have issued the instruments or undertaken obligation and each of the parties shall be summoned with copy of the petition in duplicate. If in the event there are uncertain interested parties and the documents has been issued or subscribed in foreign country, the time for service may be extended up to six months. Thereafter, notice shall be fixed at the Exchange where the document is quoted.. In the publication and notices all the particulars of the instrument shall be given in detail wherever possible and if they are not available, what is strictly necessary for their identification shall be observed. Articles 1068-1081 – Reconstruction of credit instrument, files and books: oNot a matter of civil procedure in our midst. Article 1069 – Steps where there is agreement - The meeting shall be presided by the judge and report shall be made of all the happenings. If all the interested parties present agree in the reconstruction, the essential particulars of the credit instrument shall be reproduced in the record and reconstruction shall be directed by oral decision which shall be transcribed in the record. Once the judgment becomes final for want of appeal, the plaintiff may apply that the issuing authority or the parties who has undertaken the obligation shall be notified for the purpose of, within the time which were fixed, issue fresh instrument, failing which the record made by the court and certified copy of the same be treated as reconstructed document.

Article 1070 - Steps where there is no agreement - In the absence of the agreement, the

dissatisfied parties may file their written statement within the period of 10 days. If there is no written statement the judge shall direct the reconstruction as per the particulars given in the plaint and after the judgment becomes res-judicata whatever is provided in last part of the previous article shall be considered substituted by the petition and the judgment. If there is a contestation, the plaintiff may reply within 8 subsequent days and thereafter without any further pleadings, the steps of ordinary proceedings or summary proceedings shall be followed, depending upon the valuation of the proceedings.

Article 1071 – Applicability to reconstruction of stolen, lost or misplaced document - The procedure established in the previous articles in application to the reconstruction of the instruments, stolen, spoiled or lost with following modifications: a)Notices shall be issued by publication in two newspapers of the locality largely read, where presumably theft, spoilage or loss has taken place, or of nearest locality, identifying the instrument and inviting anybody who is in possession of the same to produce it before the court; b)If the instrument surfaces at the time of the meeting and all the interested parties agree that the same may handed over to the plaintiff, report shall be made of the same and file will be closed. In the event the instrument has surfaced at later stage meeting will be convened to decide about the delivery; c)If the document has not surfaced until the suit has come to the end, reconstruction shall be ordered and it shall be declared that the document which not found has no legal value. Article 1072 – Applicability to reconstruction of other documents - In the case of reconstruction of the documents which are not comprised within the meaning of article 1068, whatever is prescribed in this section shall be applicable to the extent permissible. SECTION II RECONSTRUCTION OF FILES

Article 1073 – Petition for reconstruction of files - In the event there is a destruction or

disappearance of any file, any party may apply for reconstruction declaring the status of the litigation and mentioning, as per his memory the particulars which he possesses and giving all other particulars which may assist the reconstruction of the file. The application shall be supported by copies or pleadings of the file destroyed or lost which the plaintiff is able to provide and with the proof of the fact which permits the reconstruction made by declaration of the person in whose custody file was there at the time of the destruction or disappearance.

Article 1074 – Meeting of parties - After getting the say of the head of the office, if the fact of the reconstruction is justified, the judge shall fix the day for the meeting of the parties and all other persons who have intervened in the proceedings in the past shall be summoned to appear before the court and producing before the court duplicates counters, certified copies, documents and other papers connected with the file which is intended to be reconstructed. The meeting shall be presided by the judge and then the head of the office shall produce whatever he has filed or registered with reference to the proceedings destroyed or disappeared. Whatever has happened in the meeting shall be recorded in the file in precise terms the parties have agreed. The report of the court shall be treated as part of the reconstruction to the extent there is an agreement.

Article 1075 – Steps in absence of agreement - If the entire file is not reconstructed by

agreement of the parties, any party summoned may within 10 days give his say on the part reconstructed, where there is a difference and thereafter there will be pleadings in form of replication and triplication, as in the ordinary proceedings. With these pleadings thereafter production of evidence will start. Article 1076 – Judgment - After the evidence is led and after the employees of the office are heard, if necessary and after taking necessary steps, judgment will be passed in which with all procedure it shall be recorded at what stage the file was there and thereafter what is reconstructed as per the agreement and the steps to be reconstructed.

Article 1077 – Reconstruction of pleadings, orders and evidence - If it is necessary to

reconstruct the pleading, the reconstruction shall be deemed as done on the strength of duplicates produced. In the absence of duplicates, the parties are permitted to plead again. If the decision is already passed and it is not possible to reconstruct the same, the judge shall decide the case afresh as he deems fit. If the reconstruction includes production of the evidence, the same shall be reproduced, if possible and if it is not possible shall be substituted taking afresh.

Article 1078 – Reappearance of original file - In the event the original file resurfaces, the

further steps shall be followed therein and the file of reconstruction shall be appended to it. From this file only the step following the last step recorded in the original file, will be made use of.

Article 1079 – Liability of one who gave cause to the reconstruction - The file shall be

reconstructed at the cost of the one who has given cause for the destruction or disappearance, without prejudice to the criminal and disciplinary liability which the defaulter has incurred. Article 1080 – Reconstruction of file misplaced or lost in higher court - In the event there is disappearance or destruction of any pending file in the High Court or the Supreme Court, the reconstruction shall be applied before the assignee judge and provisions of articles 1073 and 1074 shall apply. If there is no agreement between the parties as to the total reconstruction, the following shall be observed: a) If there is need to reconstruct the steps recorded in the trial court, the file shall be remitted to the court where the initial proceedings started, and by annexing the integral certified copy, if there is one and shall follow the steps prescribed in articles 1075 to 1078 counting 10 days fixed in the article 1075 from the date of notice of remission of the file to the lower court. The steps taken in the superior court which could not be reconstructed shall be reconstructed in the respective court with the intervention of same judges and functionaries who have intervened in the original file; b) If the reconstruction is only the steps taken in the superior court, the file shall be sent before the respective court and the steps established in articles 1075 to 1078 shall be followed and the assigned judge shall exercise the functions of the judge. The judges next to the assigned judge shall intervene whenever necessary to substitute any collective judgment is passed in the original file. SECTION III RECONSTRUCTION OF BOOKS Article 1081 –Proceedings to decide demands for over reconstruction of Registration Books- Where there are demands for reconstruction of the books of the land registration offices, after

receipt of the proceedings sent by the conservator, notice will be issued to the claimants and any other interested parties to, within 10 days give their say and produce any evidence. After the necessary steps are taken and after hearing Public Ministry, the objection shall be decided.