167. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 163 Testimony to facts stated in document mentioned in section 162
Section 164 Right of adverse party as to writing used to refresh memory
Section 165 Production of documents
Section 166 Giving, as evidence, of document called for and produced on notice
Section 167 Using, as evidence, of document production of which was refused on notice
Section 168 Judge's power to put questions or order production
Section 169 No new trial for improper admission or rejection of evidence