Indian Evidence Act : USING, AS EVIDENCE, OF DOCUMENT PRODUCTION OF WHICH WAS REFUSED ON NOTICE Indian Bare

Indian Evidence Act,1872

Act No : 1

Section : USING, AS EVIDENCE, OF DOCUMENT PRODUCTION OF WHICH WAS REFUSED ON NOTICE

SECTION 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 use 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 documents itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.