SECTION 154 A OF THE CIVIL PROCEDURE CODE IS SOMEWHAT SIMILAR TO SECTION 68 OF THE PARTION LAW

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Section 154 A introduced by Civil Procedure Amendment No 17 of 2022 [Certified on 23rd of June, 2022 reads as follows ...

Proof of deed or document is unnecessary in certain events. 

154A. (1) Notwithstanding the provisions of the Evidence Ordinance (Chapter 14), in any proceedings under this Code, it shall not be necessary to adduce formal proof of the execution or genuineness of any deed, or document which is required by law to be attested, other than a will executed under the Wills Ordinance (Chapter 60), and on the face of it purports to have been duly executed, unless–

(a) in the pleadings or further pleadings in an action filed under regular procedure in terms of this Code, the execution or genuineness of such deed or document is impeached and raised as an issue; or 

(b)     the court requires such proof: 

Provided that, the provisions of this section shall not be applicable in an event, a party to an action seeks to produce any deed or document not included in the pleadings of that party at any proceedings under this Code. 

(2) The provisions of subsection (1), shall mutatis mutandis apply in the actions on summary procedure under this Code.”.

  

Section 154 A of the CPC is almost in line with Section 68 of the Partition Law No 21 of 1977. Section 66 of the Partition Law reads as follows..

Proof of deeds.

68. It shall not be necessary in any proceedings under this Law to adduce formal proof of the execution of any deed which, on the face of it, purports to have been duly executed, unless the genuineness of that deed is impeached by a party claiming adversely to the party producing that deed, or unless the court requires such proof.


A Judgment interpreting section 68 of the Partition Law is reported in 2009 SLR Volume 1 at page 95. 

                    CLICK ON ME ***WIMALAWATHIE VS HEMAWATHIE



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