Production of title-deeds of witness not a party
A stranger to the suit is protected. A witness who is not a party cannot be compelled to produce his title-deeds, documents by which he holds property as a pledgee or mortgagee, or any document that might incriminate him — unless he has agreed in writing to produce them.
How to read Section 135
A witness who is a stranger to the suit need not hand over his ownership papers, his security documents, or anything that could incriminate him — unless he agreed in writing to produce them.
A witness who is not a party to the suit — a stranger, merely called to give evidence.
His title-deeds; documents by which he holds property as pledgee or mortgagee; and any document whose production might criminate him.
Unless he has agreed in writing to produce them — with the person seeking production, or someone through whom that person claims.
The bare Act
The section in its own words — a protection for the non-party witness, with one exception.
No 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.
In short: a person called merely as a witness, who is not himself a party to the suit, should not be forced to expose his own property or himself just because he has been summoned. So he cannot be compelled to produce three kinds of document: his title-deeds to any property; any document by virtue of which he holds property as a pledgee or mortgagee (his security papers); and any document whose production might tend to criminate him. The protection gives way in one case: where he has agreed in writing to produce them — and that agreement must be with the person seeking production, or with some person through whom that person claims (a predecessor in title). The thread running through all three heads is fairness to a stranger: a non-party’s ownership, his security, and his protection against self-incrimination are not to be sacrificed to another’s litigation without his own written word.
→ This carries forward IEA 1872 § 130 — a non-party witness need not produce his title-deeds or incriminating documents.
Glossary
Someone called to give evidence who is a stranger to the suit.
The documents that prove ownership of property.
One who holds property as security for a debt.
The document’s production could expose him to a criminal charge.
A prior written undertaking to produce the documents — the only key.
A predecessor in title of the person seeking production.
The picture
Three shields for the non-party witness — ownership, security and self-incrimination — lifted only by his own written agreement.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the shieldsOwnership, security and self-incrimination — all protected
the exceptionOnly a prior written agreement can compel production
Connected provisions
Confidential communication with legal advisers
The previous privilege — the client’s protection for lawyer communications.
Production of another’s documents
A holder cannot be compelled to produce a document or e-record that the true owner could have refused — unless the owner consents.
Of Witnesses
Competency, and the privileges that limit disclosure and production — see the chapter map.
IEA 1872, § 130
Carried forward — a non-party witness need not produce his title-deeds or incriminating documents.