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.
Section 61 Proof of contents of documents
Section 64 Proof of documents by primary evidence
Section 65 Cases in which secondary evidence relating to documents may be given
Section 65A Special provisions as to evidence relating to electronic record
Section 65B Admissibility of electronic records
Section 66 Rules as to notice to produce
Section 67A Proof as to electronic signature
Section 68 Proof of execution of document required by law to be attested
Section 69 Proof where no attesting witness found
Section 70 Admission of execution by party to attested document