Using, as evidence, of document production of which was refused on notice.

What this section does

A party who refuses to produce a document after receiving notice to do so cannot subsequently use that document as evidence without the consent of the other party or a court order. The illustration makes clear that such a party cannot use the withheld document to contradict secondary evidence given by the other side, nor to raise a technical objection such as lack of stamping.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A party who refuses to produce a noticed document forfeits the right to use it as evidence without the other party's consent or court order.

When it applies

• B, having refused to produce an agreement on A's notice, cannot later produce it to contradict A's secondary evidence of its contents.
• A party who withholds a document on notice cannot produce it at a later stage to show it is unstamped, without court permission.

Derived from IEA s.164.