Section 99
Evidence To Be Produced
(1) All of his or her witnesses,
documents, exhibits and evidences shall be specified in the
complaint by the plaintiff, in the deposition by the accused, and in
the statement of defense by the defendant.
(2) Such documents, exhibits and evidences specified
pursuant to sub-section (1) as, by the nature of such documents,
exhibits or evidences, should be in his or her possession or
obtainable by him or her shall be produced by the plaintiff with the
complaint, by the defendant with the statement of defense and by the
accused while making deposition.
(3) Notwithstanding anything contained in sub-section (1)
or (2), the following provisions shall apply to the following matters:
(a) If the accused, in making deposition, or the
defendant, in submitting the statement of defense,
makes a request that another date for appearance
be appointed for producing any document, exhibit
or evidence that cannot be produced immediately,
the court may appoint another date for appearance
up to a period of one month,
(b) In the case of taking and examining evidence
related to the offence of forgery or fraud pursuant
to sub-section (3) of the Section 104, the
provisions of that Section shall apply,
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(c) If, during the trial of the case, there arises a
circumstance requiring the production of any
additional evidence in support or rebuttal of any
new fact, the concerned party may produce such
additional evidence with the permission of the
court.
(4) Any party to the case shall, in producing any
documentary evidence pursuant to sub-section (2), submit such
number of copies of the document as is more by one copy than the
number of opponents.
Provided that it shall not be required to submit copies of such
document in any case under Schedule-1 or Schedule-2.
Explanation: For the purposes of this Section, the term
“copy” means a photocopy or any other copy of a document.
documents, exhibits and evidences shall be specified in the
complaint by the plaintiff, in the deposition by the accused, and in
the statement of defense by the defendant.
(2) Such documents, exhibits and evidences specified
pursuant to sub-section (1) as, by the nature of such documents,
exhibits or evidences, should be in his or her possession or
obtainable by him or her shall be produced by the plaintiff with the
complaint, by the defendant with the statement of defense and by the
accused while making deposition.
(3) Notwithstanding anything contained in sub-section (1)
or (2), the following provisions shall apply to the following matters:
(a) If the accused, in making deposition, or the
defendant, in submitting the statement of defense,
makes a request that another date for appearance
be appointed for producing any document, exhibit
or evidence that cannot be produced immediately,
the court may appoint another date for appearance
up to a period of one month,
(b) In the case of taking and examining evidence
related to the offence of forgery or fraud pursuant
to sub-section (3) of the Section 104, the
provisions of that Section shall apply,
113
(c) If, during the trial of the case, there arises a
circumstance requiring the production of any
additional evidence in support or rebuttal of any
new fact, the concerned party may produce such
additional evidence with the permission of the
court.
(4) Any party to the case shall, in producing any
documentary evidence pursuant to sub-section (2), submit such
number of copies of the document as is more by one copy than the
number of opponents.
Provided that it shall not be required to submit copies of such
document in any case under Schedule-1 or Schedule-2.
Explanation: For the purposes of this Section, the term
“copy” means a photocopy or any other copy of a document.