(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.
78. Proof of signature and handwriting of person alleged to have signed or written document
produced. If a document is alleged to be signed or to have been written wholly or in part by any
person, the signature or the handwriting of so much of the document as is alleged to be in that
person's handwriting must be proved to be in his handwriting.
1["78A. Proof of electronic signature and electronic document. If an electronic document is
alleged to be signed or to have been generated wholly or in part by any person through the use of an
information system, and where such allegation is denied, the application of a security procedure to
the signature or the electronic document must be proved."]
79. Proof of execution of document required by law to be attested. If a document is required
by law to be attested, it shall not be used as evidence until two attesting witnesses at least
have been called for the purpose of proving its execution, if there be two attesting witnesses alive,
and subject to the process of the Court and capable of given evidence:
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any
document, not being a will, which has been registered in accordance with the provisions of the
Registration Act, 1908 (XVI of 1908), unless its execution by the person by whom it purports to have
been executed is specifically denied.
80. Proof where no attesting witness found. If no such attesting witness can be found, it must be
proved that the witnesses have either died, or cannot be found and that the document was executed
by the person who purports to have done so.
81. Admission of execution by party to attested document. The admission of a party to an
attested document of its execution by himself shall be sufficient proof of its execution as against him,
though it be a document required by law to be attested.
82. Proof when attesting witness denies the execution. If the attesting witness denies or does
not recollect the execution of the document, its execution may be proved by other evidence.
83. Proof of document not required by law to be attested. An attested document not required
by law to be attested may be proved as if it was unattested.
1 Ins. by Ord L1 of 2002, s. 6.
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