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‗The provisions of this section (Section
35) which allow a document to be
admitted in evidence on payment of
penalty, have no application when the
original document, which was unstamped
or was insufficiently stamped, has not
been produced; and, accordingly,
secondary evidence of its contents cannot
be given. To hold otherwise would be to
add to the Act a provision which it does
not contain. Payment of penalty will not
render secondary evidence admissible, for
under the stamp law penalty is leviable
only on an unstamped or insufficiently
stamped document actually produced in
court and that law does not provide for the
levy of any penalty on lost documents. ‖
(emphasis supplied)