164. Using, as evidence, of document, production of which was refused on notice.

When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.

Illustration-
A sues B on an agreement and gives B notice to produce it. At the trail, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.

Read Indian Evidence Act in a beautiful, systematic way.

Read Evidence Act each section wise.

Download beautiful, colourful PDF for Evidence Act.