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Jamai Of Law (propra)     27 February 2011

Notice to produce doc/admit facts:Is 'say of O.S.' mandated?

 

Notice to produce doc/admit facts:::: Is 'Say by Other Side' is always ordered for such application? Is it always necessary?

 

Is there any way/provision .........so that somehow .......... 'Notice to Produce' gets ordered ex-parte?

(Then other party either has to produce it or deny/defy production of the same doc ........ and then we can file the secondary evidence of it)

 

 

Evidence act does say that...if Other party defies/avoids to produce docs(or remains silent in 'say' about it..simply raises some excuse or locus standi of application itself)...this defiance (of not producing it) is treated as a  'relevant admission as to document'  and adversely inferred against defying party if applicant can produce secondary evidence of documents.

 

 

Is it also applicable to 'notice to admit facts/contents in the documents' or ''contents in that document'?

 

 

Original Doc/primary evidence is possessed by other party.

 

Regards



Learning

 3 Replies


(Guest)

kindly verify with state amendment in allahaband and patna.

aprt from above as per central act if the other party denies to produce and keeping mum on the notice to admit or produce docuemnts adverse inference can be called for against him

Also if the other party failed to produce the same the initiating party can produce the secondary evidence at this juncture and it become the admissiable in evidence.

Both the document and it's contents is called for prudction/admission.  

other party can later produce the same and disprove the other incidental facts at his turn

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 February 2011

Yes it is best tactics to produce secondary evidence.

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     12 March 2011

The subject is dealt with under Order 12 of C.P.C. Go thro the same and you will get the relevant answer


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