66. Rules as to notice to produce.—
Secondary evidence of the contents of the documents 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, 1[or to his attorney or
1. Ins. by Act 18 of 1872, s. 6.
35
pleader,] such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such
notice as the Court considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence admissible in
any of the following cases, or in any other case in which the Court thinks fit to dispense with it: ––
(1) when the document to be proved is itself a notice;
(2) when, from the nature of the case, the adverse party must know that he will be required to
produce it;
(3) when it appears or is proved that the adverse party has obtained possession of the original by
fraud or force;
(4) when the adverse party or his agent has the original in Court;
(5) when the adverse party or his agent has admitted the loss of the document;
(6) when the person in possession of the document is out of reach of, or not subject to, the process
of the Court.
