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Supreme Court of India
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Civil Law
Bare Acts
The Indian Evidence Act,1872
Section 135-THE SCHEDULE
Section 141
Section 159
Section THE SCHEDULE
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 sues B on an agreement and gives B notice to produce it. At the trail, 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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