In a suit for specific performance of agreement of sale, I am appearing for defendant. Plaintiff is trying to prove his case by filing Bank Pass Book containing entry of withdrawal of amount, which was alleged to have been advanced to defendant as advance sale consideration on the date of alleged sale agreement.
Every account holder of a bank possesses a pass book in his custody. There is every possibility to manipulate the entries easily.
My queries are :-
1. Are the entries in Bank Pass Book come under the head of primary evidence?
2. Are they admissible in evidence without examining the person who made those entries in pass book?