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 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 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..
Section 161 Right of adverse party as to writing used to refresh memory
Section 162 Production of documents
Section 163 Giving, as evidence, of document called for and produced on notice
Section 164 Using, as evidence, of document production of which was refused on notice
Section 165 Judges power to put questions or order production
Section 166 Power of jury or assessors to put questions
Section 167 No new trial for improper admission or rejection of evidence