Indian Evidence Act Section 164: Using, as evidence, of document production which was refused on notice

When a party refuses to produce a document that he has had the notice to produce, he cannot afterward use the document as evidence without the consent of the other party or the order of the Court.

Illustration

A uses 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 documents itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.