Section 164State of Jammu-Kashmir Act
Section 164: Using, as evidence, of document production of which was refused on notice
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 party or the order of the Court.IllustrationA sues B on an agreement and gives B notice to produce it. At the trial A calls 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.Previous
Sec 163 — Giving, as evidence, of document called for and produced on notice
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Sec 165 — Judge's power to put questions or order production
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