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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.

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