167. 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 trial, 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.

WritingLaw
WritingLaw » BSA » Section 167 – Bharatiya Sakshya Adhiniyam (BSA) Law Study Material
You’ll love our Bare Act PDFs and Law MCQ Tests. We also have the Bare Act PDFs for three new Acts: BNS, BNSS, and BSA.