Section 45(b) in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
(b)Document objected to by the opposite party. - If, on the document, being tendered, the opposite party objects to its being admitted in evidence two questions commonly arise; first whether the document is authentic or in other words is that which the party tendering it represents it to be, and second whether supposing it to be, authentic, it is legally admissible in evidence as against the party who is sought to be effected by it. The later question, in general is a matter of argument only; but the first must as a rule be supported by such testimony as the party can adduce. It may be noted here that, under Order XII, rule 2, of the Code of Civil Procedure either party may, by a notice through the Court invite the other party to inspect the documents specified in the notice at a specific time and place, and admit, within forty-eight hours from the time fixed for such inspection the genuineness of such document; that unless such notice be given no costs of proving the document should ordinarily be allowed; and if on the other hand, notice is given and the admission is, without sufficient cause, withheld, the party refusing to admit the document must bear the expense of proving it whatever may be the result of the suit.
