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 be dispense with primary evidence of any document, except in the cases
hereinbefore excepted.
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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.
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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.
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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 techniques1[:]
1[Provided that conviction on the basis of modern devices or techniques may be lawful.]
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 The Evidence Act, 1872 (I of 1872), is hereby repealed.
1 Subs. and added by Act No. IV of 2017, s.5.
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