Report No. 185

40. Amendment of section 65.-

In section 65 of the principal Act,

(1) for clause (a), the following clauses shall be substituted, namely:-

"(a) when the original is shown or appears to be in the possession or powe.-

(i) of the person against whom the document is sought to be proved; or of any person out of reach of, or not subject to, the process of the Court and such person does not produce the original; or

(ii) of any person legally bound to produce it, and such person, after receiving the notice mentioned in section 66, does not produce it; or

(aa) when the original is shown or appears to be in the possession or power of any person not legally bound to produce it, and such person, after receiving notice from the Court at the instance of any party to produce the original, does not produce it."

(2) for the words "In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible " the words "In case (e) or (f), unless some other clause of this section applies, certified copy of the document, but no other kind of secondary evidence, is admissible", shall be substituted.