Using, as evidence, of document production of which was refused on notice
AI Assist
Summary
If a party was given notice to produce a document and refuses to produce it at trial, they cannot later use that same document as evidence without the other party's consent or a court order. The rule prevents a party from withholding a document to later contradict secondary evidence or to claim defects like unstampedness. It applies when formal notice to produce was given and ignored.
Example
Meera sues Karan on a written agreement and gives him notice to produce the document. At trial Karan refuses, so Meera proves the contents by secondary evidence. Karan then cannot produce the original later to contradict Meera or to argue the agreement is unstamped, unless Meera consents or the court orders it.
Bare Act
Enacted textWhen 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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