Section 164 of 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.
A use 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. B seeks to produce documents itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.
Section 165 of Evidence Act "Judge's power to put questions or order production"
The Judge may, in order to discover or to obtain proper
proof of relevant facts, ask any question he pleases, in any
form, at any time, of any witness, or of the parties about
any fact relevant of irrelevant; and may order the
production of any document or thing; and neither the parties
nor their agents shall be entitled to make any objection to
any such question or order, nor, without the leave of the
Court, to cross-examine any witness upon any answer give in
reply to any such question:
Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved.
Provided also that this section shall not authorize any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive , if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein before excepted.
What is Cross-examination as to previous Statements in writing What are Questions lawful in cross-examination When witness to be compelled to answer Section 145, 146 and 147 of Indian Evidence Act 1872
What is the meaning of Court to decide when question shall be asked and when witness compelled to answer What is Question not to be asked without reasonable grounds Section 148 and 149 of Indian Evidence Act 1872
What is Question by party to his own witness What is Impeaching credit of witness What is Questions tending to corroborate evidence of relevant fact, admissible Section 154, 155 and 156 of Indian Evidence Act 1872
What is Former statements of witness may be proved to corroborate later testimony as to same fact What matters may be proved in connection with proved statement relevant under section 32 or 33 Section 157 and 158 of Indian Evidence Act 1872
What is Right of adverse party as to writing used to refresh memory What are Productions of documents What is Giving, as evidence, of document called for and produced on notice Section 161, 162 and 163 of Indian Evidence Act 1872