Presumption as to due execution, etc. of documents not produced:
The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.
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Comments:
When the document has been called for and is not produced after notice by a party who is in possession of the document, the court shall presume that the document in question was’ duly signed, stamped and attested. “The principle underlying the provisions of Section 89 is sometime described as the “necessary principle”; that “no one shall be allowed to take advantage of his own wrong.” But the presumption under this section may be drawn provided there is evidence that the opposite party was in possession or power of the document in question. This is compulsory presumption and is not in the discretion of the court. If the presumption is drawn it cannot be easily rebutted. It becomes a mandatory presumption.