90.
Presumption as to documents thirty years old.- Where
any document, purporting or proved to be thirty 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 persons by whom
it purports to be executed and attested.
Explanation.-Documents 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 the circumstances of the particular case are such as to
render such an origin probable.
This explanation applies also to section
81.
Illustrations
(a) A has been in possession of landed property
for a long time. He produces from his custody deeds relating
to the land showing his 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.
STATE AMENDMENTS
Uttar Pradesh
(a) Renumber section 90 as sub-section (1) thereof;
(b) in sub-section (1) as so renumbered, for the words "thirty
years", substitute the words "twenty years";
(c) after sub-section (1) as so renumbered, insert the following
sub-section, namely:--
"( 2) Where any such document as is referred to in sub-section
(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, it is 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".
(d) After section 90, insert the following section, inserted:--
" 90A. (1) Where any registered document or a duly certified
copy thereof or any certified copy of a document which is
part of the record of a Court of Justice, is produced from
any custody which the Court in the particular case considers
proper, the Court may presume that the original was executed
by the person by whom it purports to have been executed.
( 2) This presumption shall not be made in respect of any
document which is the basis of a suit or of defence or is
relied upon in the plaint or written statement."
The explanation to sub-section ( 1) of section 90 will also
apply to this section;
[Vide Uttar Pradesh Act 24 of 1954 , section 2 and Schedule
(w.e.f. 30-11-1954).]
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