Section89
Presumption as to due execution, etc. of documents not produced
AI Assist
Summary
When a document is formally called for and the person given notice does not produce it, the court will presume the document was duly attested, stamped and executed in the manner required by law. That presumption stands unless evidence is shown to the contrary.
Example
Priya sues a neighbour over a boundary and serves a notice to produce the registered sale deed. The neighbour does not produce the deed after notice, so the court will presume the deed was properly attested, stamped and executed as required by law.
Bare Act
Enacted textThe Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.
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