📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

    Question

    A sues Bon 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. Which of the following is correct in this context?
    A Yes, B can do so by presenting the document itself Correct Answer Incorrect Answer
    B No, B is not allowed to present the document itself Correct Answer Incorrect Answer
    C No, B is not allowed to present the photocopy of document Correct Answer Incorrect Answer
    D Yes, B can do so by presenting the Photocopy of the document Correct Answer Incorrect Answer

    Solution

    Section 164 of Indian Evidence Act - 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. Illustration: A sues Bon 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.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question