Rules as to notice to produce (Section 66 of the Indian Evidence Act 1872)

Rules 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, 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, or not subject to, thee process of the Court.

See also...

1) Judges or Magistrates as Witness

2) Estoppel a of tenant and of licensee

3) Meaning and Definitions of Evidence

4) Meaning Definition of Presumptions under the Indian Evidence Act, 1872

5) Various Presumptions as to Documents Under the Indian Evidence Act 1872