Indian Evidence Act — Section 164

Using, as evidence, of document production of which was refused on notice.––When a party

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 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.

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Judgments citing Section 164

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