155. Refreshing memory:
(1) A witness may, while under examination, fresh his memory
by referring to any writing made by himself at the time of the transaction concerning which
he is questioned, or so soon afterwards that the Court considers it likely that the
transaction was at that time fresh in his memory.
(2) The witness may also refer to any such writing made by any other person, and read by
the witness within the time aforesaid, if when he read if he knew it to be correct.
(3) Whenever a witness may refresh his memory by reference to any document, he may
with the permission of the Court, refer to a copy of such document:
Provided the Court be satisfied that there is sufficient reason for the non-production of the
original.
(4) An expert may refresh his memory by reference to professional treaties.
156. Testimony to facts stated in document mentioned in Article 155:
A witness may
also testify to facts mentioned in any such document as is mentioned in Article 155,
although he has no specific recollection of the facts themselves, if he is sure that the facts
were correctly recorded in the document.
Illustrations
A book-keeper may testify to facts recorded by him in books regularly keep in the course
of business, if he knows that the books were correctly kept, although he has forgotten the
particular transactions entered.
157. Right of adverse party as to writing used to refresh memory: Any writing referred
to under the provisions of the two last proceeding Articles must be produced and shown to
the adverse party if he requires it, such party may, if he pleases, cross-examine the
witness thereupon.
158. Production of documents:
(1) A witness summoned to produce a document shall, if
it is in his possession or power, bring it to Court, notwithstanding any objection which
there may be to its production or to in its admissibility. The validity of any objection shall
be decided on by the Court
(2) The Court, if it sees fit may inspect the document unless it refers to matters of State, or
take other evidence to enable it to determine on its admissibility.
(3) If for such a purpose it is necessary to cause any document to be translated, the Court
may, if it thinks fit, direct the translator to keep the contents secret, unless the document is
to be given in evidence; and if the translator disobeys such direction, he shall be held to
have committed an offence under Section 166 of the Pakistan Penal Code (Act XLV of
1860).
159. Giving, as evidence, of document called for and produced on notice: When a
party calls for a document which he has given the other party notice to produce and such
document is produced and inspected by the party calling for its production, he is bound to
give it as evidence if the party producing it requires him to do so.
160. Using, as evidence, of document production of which was refused on notice:
When a party refuses to produce a document which he has had notice to produce; he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.
Illustrations
A sues C on an agreement and gives B, notice to produce it. At the trial A calls for the document and B refuses to produce it. A gives secondary evidence of its contents, B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.
161. Judge's power to put questions or order production: The Judge may in order to
discover or to obtain proper proof of relevant facts, ask any question he places, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the Judgment must be based upon facts declared by this Order to be
relevant, and duly proved:
Provided also that this Article shall not authorise any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under Articles 4 to 14, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the judge ask any question which it would be improper for any other person to ask under Article 143 or 144; nor shall he dispense with primary evidence of any document, except in the cases herein before excepted.
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
162. No new trial for improper admission or rejection of evidence: The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independent of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.
CHAPTER XII
DECISION OF CASE ON THE BASIS OF OATH
163. Acceptance or denial of claim on oath: (1) When the plaintiff takes oath in support of his claim, the Court shall, on the application of the plaintiff, call upon the defendant to deny the claim on oath.
(2) The Court may pass such orders as to costs and other matters as it may deem fit.
(3) Nothing in this Article applies to laws relating to the enforcement of Hudood or other criminal cases.
CHAPTER XIII
MISCELLANEOUS
164. Production of evidence that has become available because of modern devices, etc.:
In such cases as the Court may consider appropriate, the Court may allow to be produced any evidence that may have become available because of modern devices or techniques.
165. Order to override other laws: The provisions of this Order shall have effect
notwithstanding anything contained in any other law for the time being in force.
166. Repeal: The Evidence Act, 1872 (I of 1872), is hereby repealed.
