Rules as to notice to produce.

What this section does

Secondary evidence of documents referred to in section 60(a) (i.e., documents in the possession of the opposing party) is inadmissible unless prior notice to produce the original has been given to that party or their representative. The notice requirement is dispensed with in specified circumstances such as where the document is itself a notice, where the adverse party obtained the original by fraud or force, or where the person in possession is beyond the court's process.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Notice to produce must precede secondary evidence of a document in the opponent's possession, subject to enumerated exceptions.

When it applies

• A plaintiff wishing to tender a copy of a contract held by the defendant must first serve a notice to produce the original before secondary evidence is admissible.
• No notice is required where the adverse party has admitted the loss of the document.

Derived from IEA s.66.