Presumption as to due execution, etc., of documents not produced

When the court calls for a specific document and gives notice to produce it, but the document is not produced after that notice, the court will presume the document was duly attested, stamped and executed as required by law. The presumption applies only to documents specifically called for and remaining unproduced after notice. A party wishing to rebut the presumption must adduce evidence to the contrary.

Priya is in a property suit and the court asks Meera, by notice, to produce the registered sale deed. Meera fails to produce the deed after notice. The court will presume the deed was properly attested, stamped and executed unless Meera produces evidence to disprove that presumption.