Production of title-deeds of witness not a party
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Summary
A witness who is not a party cannot be forced to produce title-deeds, documents showing pledge or mortgage rights, or any document whose production might tend to incriminate them. The protection applies when the person giving evidence is only a witness and not a litigant. Documents can be compelled only if the witness has given written consent to produce them to the person seeking them or to someone through whom the witness claims. Without such written agreement the witness may refuse production.
Example
Priya is called as a witness in a property suit and holds a mortgage deed for the disputed plot. She never signed any written consent to give that deed to the plaintiff. Under this rule she cannot be forced to produce the mortgage deed. If she had signed a written agreement to produce it with the person seeking it or through someone she claims, she could be required to hand it over.
Bare Act
Enacted textNo witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.
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