Section 104: Provisions relating to documentary evidence

1) The court shall cause the parties to a case to produce the originals of documentary 115 evidence on the date appointed for appearance for examining evidence and show the document produced by one party to the other.

2) If the other party makes a plea that the document shown pursuant to sub-section (1) was made by means of forgery or fraud, the court shall set down such plea and record the deposition of such party.

3) Notwithstanding anything contained in sub-section (2), if, in the process of showing any documentary evidence produced by one party to the other party, the other party, mentioning that he or she is not able to confirm immediately whether such document is genuine, forged or fraud, makes request for time for that purpose, the court may, as required, appoint a date for not more than seven days, and shall give information thereof to the other party, and record the deposition of that party on that appointed date and also examine the evidence produced by that party in that connection if that party states that the document is forged or fraud.

Provided that in the case of a party who is absent or not represented on the date appointed for appearance for the examination of evidence, it shall not be necessary to show the document to, or record the deposition of, that party pursuant to this Section.

4) Notwithstanding anything contained in sub-section (3), if any party, due to a force majeure event, remains absent on the date appointed for appearance for confirming whether a document is genuine or forged, and if the party or his or her representative appears within fifteen days of the appointment of such date and wishes to express any matter about that document, such party or representative shall be given an opportunity to make expression accordingly.