Section J Attendance of Patwaris in Revenue Courts

73. Patwaris not to be unnecessarily summoned. Officers presiding over Revenue Courts should be careful to see that Patwaris are not summoned unnecessarily to give merely formal evidence regarding entries in the village records and annul papers, information as to which could be as well obtained from an inspection of the records in the District Office. It should be remembered that Patwaris have very important duties to perform, and that the discharge of these duties should not be hindered by making them attend Court except when examination as witnesses is really necessary. It is of great importance that they should not be called away at times appointed for harvest inspections. In view of these considerations the instructions are given, in the succeeding paragraphs.

74. Patwaris not to be summoned during Girdawari time. Officers presiding over Revenue Courts should not summon Patwaris (except in cases of great urgency) during the times when the principal crop girdawaris are going on, viz., 22^nd September to 7^th November and 22^nd February to 7^th April.

Patwaris should be summoned only when their presence is absolutely necessary in the opinion of the Courts and the evidence of the Kanungo is insufficient. The question whether urgency exists will be decided by the Revenue Court.

75. Patwaris to be summoned through the Tehsildars. Courts to furnish Patwaris with certificates showing attendance. When Revenue Court requires the attendance of a Patwari at a time other than that above referred to, such Court should forward the summons to the Tehsildar as principal revenue authority of the Tehsil to which the Patwari belongs. The Tehsildar should serve the summons with as little delay as possible. A Certificate should be furnished by the Court to every Patwari who attends, in obedience to summons, showing the date of his appearance before the Court and date on which he was dismissed.

76. During Settlement, Patwaris to be examined by Commission. When a settlement is in progress it is especially undesirable that Patwaris should be summoned to attend in the Revenue Courts; and when they are required to give evidence which cannot be obtained in the manner indicated in the preceding paragraph, this should usually be obtained by the issue of a commission under Order XXVI, Rule 4(1) (c) of the Code of Civil Procedure. Such commissions should ordinarily be addressed to the Settlement Tehsildar of the Tehsil, but any wish expressed on this point by the Settlement Officer should be responded to, and the period to be ordinarily allowed for the execution of commission should be arranged in consultation with him.

The Revenue Court issuing the commission should always not thereon the date to which the case has been adjourned, the officer to whom the commission is sent should then be careful either to return the commission by that date, or to inform the Court, before such date, of the circumstances which will prevent the return of the commission within the time fixed and what further time will be required.