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 by which they hold property as pledgee or mortgagee, or any paper whose disclosure might incriminate them. The only exception is where the witness has agreed in writing to produce those documents to the person seeking them or to someone through whom the witness claims.
Example
Priya is called as a witness in a neighbour's property suit and holds the title-deeds because she is a mortgagee. The plaintiff asks the court to make her produce the deeds. The court cannot compel Priya to hand them over unless she has signed a written agreement to give those documents to the person asking or to someone through whom she claims.
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 by virtue of which he holds a 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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