LawgistThe Indian Evidence Act
164Using, as evidence, of document production of which was refused on notice
hen 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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CHAPTER X.--OF THE EXAMINATION OF WITNESSES
- 135 Order of production and examination of witnesses
- 136 Judge to decide as to admissibility of evidence
- 137 Examination-in-chief
- 138 Order of examinations
- 139 Cross-examination of person called to produce a document
- 140 Witnesses to character
- 141 Leading questions
- 142 When they must not be asked
- 143 When they may be asked
- 144 Evidence as to matters in writing
- 145 Cross-examination as to previous statements in writing
- 146 Questions lawful in cross-examination
- 147 When witness to be compelled to answer
- 148 Court to decide when question shall be asked and when witness compelled to answer
- 149 Question not to be asked without reasonable grounds
- 150 Procedure of Court in case of question being asked without reasonable grounds
- 151 Indecent and scandalous questions
- 152 Questions intended to insult or annoy
- 153 Exclusion of evidence to contradict answers to questions testing veracity
- 154 Question by party to his own witness
- 155 Impeaching credit of witness
- 156 Questions tending to corroborate evidence of relevant fact, admissible
- 157 Former statements of witness may be proved to corroborate later testimony as to same fact
- 158 What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159 Refreshing memory
- 160 Testimony to facts stated in document mentioned in section159
- 161 Right of adverse party as to writing used to refresh memory
- 162 Production of documents
- 163 Giving, as evidence, of document called for and produced on notice
- 164 Using, as evidence, of document production of which was refused on notice
- 165 Judge’s power to put questions or order production
- 166 Power of jury or assessors to put questions
