Section 164 of the Indian Evidence Act, 1872

Illustration:

A sues  on an agreement and gives  notice to produce it. At the trial, A calls for the document and  refuses to produce it. A gives secondary evidence of its contents.  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. He cannot do so.

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Comments:

The section provides that when a party refuses to produce document after being called upon to produce it by notice, he cannot use it as evidence without consent of the party giving notice or by the order of the court. This section does not contemplate the production of document for inspection as laid down in Section 163. The section does not give the party calling the document any right to inspect the document.

Again, the party who had refused to produce the document cannot use it as evidence without consent of the party or the order of the court. The party refusing to produce is bound by any secondary evidence given by the first party serving notice.