(1)It is also necessary to bear in mind the express prohibition, except on conditions stated, laid by Section 122 of the Evidence Act on disclosure of communications made during marriage. The presiding officer should be vigilant to see that the section is observed if the spouse of a party is called as a witness in the case.(2)When a Government official desires to claim privilege under Section 120 of the Evidence Act, it is desirable, even if it is not essential, that he should put in a statement stating that he has considered the documents carefully and has come to the conclusion that they cannot be produced without injury to the public interest. Attention is drawn to the observation of Lord Simon L.C. in Duncan V. Cammeil Laird & Co., (1942) A.C. 624 at 642, which are quoted in I.L.R. [1946] Nagpur 385, at 386.
