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Bare acts > Indian Evidence Act, 1872 > Section 164
 
 
   

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 Bon 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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