5. Evidence may be given of facts in issue and relevant facts.- Evidence may be given in any suit or proceeding of the existence of non- existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, 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. 1[ Illustrations
A is tried for the murder of B by beating him with a club with the intention of causing his death. At A' s trial the following facts are in issue:-- A' s beating B with the club; A' s causing B' s death by such beating; A' s intention to cause B' s death.
A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure 1[ .