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Report No. 185

Section 5

Section 5 of the Act bears the heading 'Evidence may be given of facts in issue and relevant facts' and reads as follows:

"Section 5: Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Explanation: This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure".

In the 69th Report, it was recommended that in the Explanation, the words 'Code of Civil Procedure, 1908' may be substituted for the words "the law for the time being in force relating to Civil Procedure" and that so far as territories where the Code is not applicable, "suitable words can be added".

The Explanation is obviously referable to Order 7, Rules 14, 18 and Order 13, Rule 1, Order 41, Rule 27 of the Code of Civil Procedure, 1908.

We are unable to agree with the recommendation made above so far as the Explanation is concerned in as much as the Evidence Act, 1872 section not apply to the State of J&K.

Review of the Indian Evidence Act, 1872 Back

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