All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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81.

Section 66, Indian Evidence Act lays down:

A: A notice must be given before secondary evidence can be received under section 65 (a), Indian Evidence Act
B: Notice to produce a document must be in writing
C: Order XII, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document
D: All of them

The answer is: D

Explanation

The correct option is D: All of them.

- Section 66 of the Indian Evidence Act states that "Secondary evidence of the contents of a document referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his attorney or pleader, such notice to produce it, or in the case of public documents referred to in section 74, clause (1), sub-clause (a), such notice as is required by law, or unless he proves that he had, notwithstanding the exercise of due diligence, been unable to procure the production of the document by notice or otherwise."

- This means that a notice must be given before secondary evidence can be received under section 65 (a), which deals with the cases in which secondary evidence relating to documents may be given. This is option A.

- The notice to produce a document must be in writing, as per section 66 itself, which uses the term "given" and not "served". This is option B.

- Order XII, Rule 15, of the Civil Procedure Code, prescribes the kind of notice to produce a document. It states that "The notice shall be in writing, and shall specify the time at which the production is required, and shall be served on the party or his pleader, or on such other person as the Court may direct, a reasonable time before the day on which the production is required." This is option C.

 

Therefore, all the options are correct and the answer is D.