( 1 ) THOUGH notices were served on 09-09-2004, there is no appearance on behalf of the respondents either in person or through their counsel to oppose this petition. Aggrieved by the order of dismissal dated 13. 02. 2004 passed by the Junior Civil Judge, Madakasira in I. A. No. 56 of 2004 in O. S. No. 124 of 1996 filed under Rule 129 of Civil Rules of Practice, to issue summons to the Mandal Revenue Officer, Amarapur for production of I-B register standing in the name of the petitioner for the suit schedule property, the present civil revision petition is filed.

( 2 ) THE case of the petitioner is that the 1st respondent in collusion with the Village Administrative Officer got tampered the 10-1 Chitta and fabricated pattadar passbook and title deed in her name and filed into the Court. Therefore, the petitioner sought permission for production of 1-B register though the Mandal Revenue Officer, Amarapur.

( 3 ) ON the other hand, the respondents filed a counter denying the averments made in the petition. It is stated that the question of summoning of the above said register does not arise since the Mandal Revenue Officer has already issued title deed and pattadar passbook to them and that the said documents were filed long back and without preferring any appeal before the revenue authorities, the present petition has been filed.

( 4 ) ON considering the material available on record, the learned Junior Civil Judge, held that the petitioner without approaching the authorities concerned for obtaining I-B register straight away filed this application and that the suit is coming for further evidence of plaintiff and thereby dismissed the application. Aggrieved by the same, the civil revision petition has been filed by the petitioner.

( 5 ) LEARNED counsel for the petitioner contends that since the 1st respondent in collusion with the Village Administrative Officer tampered the records and fabricated the pattadar passbook and title deed in respect of the suit schedule property, it is absolutely necessary to produce the I-B register by summoning the Mandal Revenue Officer for proper adjudication of the issue. He further submits that if the register sought to be summoned is produced no prejudice would be caused to the case of the respondents.

( 6 ) I have perused the material on record. For proper adjudication of the lis it is apt to extract Sub-rules 1 to 3 of Rule 129 of Civil Rules of Practice and it reads thus: rule 129: Production of records in the custody of a Public Officer other than a Court. 1. A summons for the production of records in the custody of Public officer other than a court shall be in Form No. 23 and shall be addressed to the Head of the Office concerned and in the case of summons to a District Register 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 Tahsildar or to the Deputy Tahsildar in independent charge as the case may be. Provided further that when the summons is for the production of records in the custody of high dignitaries like the Speaker of the Lok-Sabha or State Legislative Council etc. , the summons shall be in the form of a letter of request in Form No. 23-A. 2. Every application for such summons shall made by an affidavit setting out (1) the document or documents the production of which is required: 2) he relevancy of the document or documents; and 3) 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. No Court shall 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 gra

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