Using, as evidence, of document production of which was refused on notice
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Summary
If a party has been served notice to produce a document and refuses to produce it, they cannot later use that document as evidence unless the other party agrees or the Court orders it. This applies at trials or hearings where a production notice was given. It prevents a party from hiding a document and then surprising the opponent with it.
Example
Priya sues Aditya on a written agreement and serves him notice to produce it. At trial Aditya refuses, so Priya proves its contents by secondary evidence (a copy and witness). Later Aditya tries to bring the original to contradict Priya or to show the agreement is unstamped. He cannot do so without Priya's consent or a Court order.
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.
Illustrations
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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