Presumption under section 90 A of Evidence Act about thirty years old document not available when the document is the basis of suit.
Section 90A(1) provides that where a registered document or its certified copy being a part of the record of court is produced from the custody of court, the court may presume that the original was executed by the person by whom it is purported to have been executed.
Section 90A(2), however, makes it clear that the presumption in Section 90A(1) will not be made if the said document forms the basis of the suit.
Supreme Court of India
Rajeev Gupta vs Prashant Garg on 23 April, 2025