Write a note on the right of the adverse party as to writing used to refresh memory.

Question: Write a note on the right of the adverse party as to writing used to refresh memory.

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Answer

Section 161 talks about the Right of the adverse party as to writing used to refresh memory.

It states that any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.

Illustration: A bookkeeper may testify to facts recorded by him in books regularly kept in the course of business if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

Where a document has been used in the court for the purpose of enabling a witness to refresh his memory, the opposite party gets the right under the section to inspect the document to see what kind of document it was so as to prevent misuse of documents.

The right extends to every piece of paper which is provided to a witness to enable him to refresh his memory. The right must be exercised at that very moment because it may not continue throughout the period for which the witness remains under examination. The purposes of such inspection are:

1. to secure the full benefit of the recollection of the witness as to the whole of the facts;
2. to prevent improper use of documents and
3. to compare the oral testimony with the written version.

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