Section 8

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be qarinah, and of no others.

Explanation -

This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure.

1541

Illustrations

{a} A is accused of beating B, his wife with a cane with the intention of torturing her.

At A's trial the following facts are in issue -

A's beating B with the cane.

A

1s hurting B by such beating.

A's intention of torturing B.

{b) A, a party to a suit does not comply with a notice given by B the other party to produce for B

1s inspection a document referred to in A

1s pleadings. This section does not enable A to put such document on his behalf in such suit, otherwise than in accordance with the conditions prescribed by the law for the time being in force relating to civil procedure.

Relevancy of facts forming part of same transaction.