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Report No. 185

79. Amendment of section 144.-

In section 144 of the principal Act, for the portion beginning with the words "Any witness may be asked, whilst under examination" and ending with the words "the party who called the witness to give secondary evidence of it", the following shall be substituted, namely:-

"(1) Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who has called the said witness, to give secondary evidence of it; and if, in the opinion of the Court, the document ought to be produced, the objection shall be upheld.

(2) If a witness, while under examination, is about to make any statement as to the contents of any document, the adverse party may object to such statement being made until such document is produced, or until facts have been proved which entitle the party who has called the said witness to give secondary evidence of it; and, if in the opinion of the Court, the document ought to be produced, the objection shall be upheld."



Review of the Indian Evidence Act, 1872 Back




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