1. Heard. This petition in revision has been filed against the order dated 2.9.95.

2. Learned counsel for the petitioners contended that the original document was filed by respondent in the Court, but it was immediately, taken back after filing a photo-copy, which is in defiance of the specific provisions contained in Order 13 Rule 9 CPC and Rule 335 of the M.P. Civil Court Rules. I have heard the learned counsel for the respondent as well as perused the impugned order. It has come to my notice in a large number of cases that original documents are being returned in defiance of the specific provisions of law. Order 13 Rule 9 CPC makes a specific provision for the return of admitted documents. It is, therefore impressed upon all the Courts in the State to comply with these provisions of law with respect to return of documents. Not only this, there is also specific provision in the M.P. Civil Court Rules contained in Rule 335, which too is not being followed. Again, I may also reiterate the other fact which has come to the notice of this Court that much emphasis is laid on the photo-copies of documents and they are being accepted, though to the best of my knowledge, there is no provision in the Indian Evidence Act, which makes photo copies admissible as such. No doubt, photo copies can be treated as copies, but they can be accepted only after the original has been admitted and proved in accordance with law and the photo copies are certified as provided under the law. This position has been clarified and it has to be followed by all the Courts.

3. I take this opportunity to mention another fact which has come to the notice of this Court. When the document is sought to be proved, it is not proved generally in accordance with law. Provisions of section 47/67 of the Indian Evidence Act are completely ignored. What the Courts do is that documents sought to be proved are shown to the witness and exhibits are put without any evidence is laid, without pointing out about the person who executed it and whether the document was in his hand is signed before him or executed before him or without asserting that the witness is acquainted with his writing or signatures, as the case may be. The Courts can mark exhibit immediately it is proved in accordance with law. Documents are to be exhibited when they are proved in accordance with law. They cannot be exhibited merely because, they are shown to the witness. If the law is not followed in this connection, it creates problems to the parties as well as to the higher Courts with respect to proof or disproof of the document.

4. In the result, the revision petition is allowed. The impugned order is set aside and the respondents are directed to place in record the original documents and after it is admitted in evidence and proved in accordance with the provisions mentioned above, it may be taken back in accordance with the provisions mentioned above.

5. Let a copy of this order be sent to the Registrar (General) for being circulated in all districts for compliance and guidance.