Gilbert and Company Engineering (Pvt.) Ltd. vs A.B.De Silva and Sons Ltd. – sllr 2007 volume 2 page 075

The case between GILBERT AND COMPANY ENGINEERING (PVT.) LTD. and A.B. DE SILVA AND SONS LTD. addressed the issue of the admissibility of a copy of a document (specifically, a letter of demand) when the defendant denies receiving the original, under sections 65 and 66 of the Evidence Ordinance. It was held that, where the defendant denies receipt of the original, notice to produce under section 66 is not required for the admission of secondary evidence. This reaffirmed the principle that the purpose of notice is to allow the opposing party to produce the original document when its existence is not denied. The decision relied on legal authorities including Joonoos v Chandraratne, emphasizing that the service of notice to produce is not necessary when the document’s receipt is denied, and con