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Report No. 185

Section 90

We propose renumbering section 90 as section 90(1) and insert subsection (2) as done under the UP Act, 1954. We add a separate section 90A as under the UP Act of 1954. Section 90 applies to documents which are 20 years old or more. Section 90A applies to certain documents less than 20 year's old.

We recommend the following revised section 90 and 90A.

"90 Presumption as to certain documents 20 years old .- (1) Where any document, purporting or proved to be twenty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the person by whom it purports to be executed or attested.

(2) Where any such document as is referred to in subsection (1) was registered in accordance with the law relating to registration of documents and a duly certified copy thereof is produced, the Court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person, is in that person's handwriting and in the case of a document executed or attested, that it was duly executed and attested by the person by whom it purports to have been executed or attested.

Explanation: Documents referred to in sub-section (1) are said to be in proper custody if they are in the place in which, and under the care of the person with whom they would naturally be, but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.

This explanation applies also to section 81 and clause (a) of section 90A.

Illustrations

(a) A, has been in possession of landed property for a long time. He produced from his custody deeds relating to the land, showing him titles to it. The custody is proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper.

(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody is proper.

90A Presumption as to certain documents less than 20 years old.- Wher.-

(a) any document registered in accordance with the law relating to registration of documents is produced from any custody which the Court in the particular case considers proper, and which registered document is less than twenty years old; or

(b) a duly certified copy of a document registered in accordance with the law relating to registration of documents, the original of which is less than twenty years old, is produced; or

(c) a duly certified copy of a document which is part of the record of a Court of justice, the original of which has been proved to be genuine in the earlier case and the original of which is less than twenty years old, is produced, the registered document mentioned in clause (a) or the originals of the documents referred to in clauses (b) or (c) may be presumed by the Court to have been executed by the person by whom it purports to have been executed:

Provided that no such presumption shall be made under this section, in respect of any document which is the basis of a suit or of a defence or is relied upon in the plaint or written statement."

Section 90A

This section was introduced by Act 21/2000. It shall be renumbered as section 90B.

Section 91

We agree with the 69th Report that no changes are required in section 91.



Review of the Indian Evidence Act, 1872 Back




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