66Rules as to notice to produce
Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, 1[or to his attorney or pleader,] such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it: --
(1) when the document to be proved is itself a notice;
(2) when, from the nature of the case, the adverse party must know that he will be required to produce it;
(3) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
(4) when the adverse party or his agent has the original in Court;
(5) when the adverse party or his agent has admitted the loss of the document;
(6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.
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1. Ins. by Act 18 of 1872, s. 6.
- 61 Proof of contents of documents
- 62 Primary evidence
- 63 Secondary evidence
- 64 Proof of documents by primary evidence
- 65 Cases in which secondary evidence relating to documents may be given
- 65A Special provisions as to evidence relating to electronic record
- 65B Admissibility of electronic records
- 66 Rules as to notice to produce
- 67 Proof of signature and handwriting of person alleged to have signed or written document produced
- 67A Proof as to electronic signature
- 68 Proof of execution of document required by law to be attested
- 69 Proof where no attesting witness found
- 70 Admission of execution by party to attested document
- 71 Proof when attesting witness denies the execution
- 72 Proof of document not required by law to be attested
- 73 Comparison of signature, writing or seal with others admitted or proved
- 73A Proof as to verification of digital signature