Section 35
Documentary Evidence
(1) A document or fact mentioned in the document has to be proved by producing such document.
(2) Notwithstanding contained in Sub-section (1), any document or any fact mentioned in the document may be proved with the help of the picture, photocopy
or duplicate copy which has been duly received pursuant to the law or oral evidence in the following circumstances:
(a) When it has been proved that the document is in the custody of that person against whom that document has to be produced, or
(b) When the document is in the custody of such person against whom the court cannot issue Summon/Notice or such person did not
produce the document even after the service of the Summon/Notice, or
(c) When it has been proved that the document has been lost or destroyed, or
(d) When it is not easily possible to lift the document and produce it before the court, or
(e) When that document does not lie with the intending party to produce such document by virtue of the nature of the document itself. Provided that, in the case of the document mentioned in this Clause, it shall be necessary to produce the certified copy in case it is possible to get such copy pursuant to the law.
(3) Notwithstanding anything contained in any Sub-section of this Section, the decision made or order issued by His Majesty the King or the Government of
Nepal may be proved upon producing a document certified by the concerned officer pursuant to the prevailing Nepal Law.
(2) Notwithstanding contained in Sub-section (1), any document or any fact mentioned in the document may be proved with the help of the picture, photocopy
or duplicate copy which has been duly received pursuant to the law or oral evidence in the following circumstances:
(a) When it has been proved that the document is in the custody of that person against whom that document has to be produced, or
(b) When the document is in the custody of such person against whom the court cannot issue Summon/Notice or such person did not
produce the document even after the service of the Summon/Notice, or
(c) When it has been proved that the document has been lost or destroyed, or
(d) When it is not easily possible to lift the document and produce it before the court, or
(e) When that document does not lie with the intending party to produce such document by virtue of the nature of the document itself. Provided that, in the case of the document mentioned in this Clause, it shall be necessary to produce the certified copy in case it is possible to get such copy pursuant to the law.
(3) Notwithstanding anything contained in any Sub-section of this Section, the decision made or order issued by His Majesty the King or the Government of
Nepal may be proved upon producing a document certified by the concerned officer pursuant to the prevailing Nepal Law.