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Question

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. Now B wants to contradict the secondary evidence given by A

A Yes, B can do so by presenting the document itself Correct Answer Incorrect Answer
B Yes, B can do so by presenting the Photocopy of the document Correct Answer Incorrect Answer
C No, B is not allowed to present the document itself Correct Answer Incorrect Answer
D No, B is not allowed to present the photocopy of document Correct Answer Incorrect Answer

Solution

Section 164 - 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 other party or the order of the Court.

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