Section 170
of Evidence Act
Section 170
(1)
A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings —
(a)
such notice (if any) of that fact; and
(b)
on request, such particulars of or relating to the evidence, as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay.
(2)
Subsection (1) may be excluded by agreement of the parties;
and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.
(3)
A failure to comply with subsection (1) does not affect the admissibility of the evidence but may be taken into account by the court —
(a)
in considering the exercise of its powers with respect to the course of proceedings and costs; and
(b)
as a matter adversely affecting the weight to be given to the evidence in accordance with section 172.
Power to call witness.