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

Indian Evidence Act, 1872

Statutory text

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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