Section 164 of IEA : Section 164: Using, as evidence, of document production of which was refused on notice.

Explanation using Example

Example 1:

Ravi files a lawsuit against Suresh claiming that Suresh owes him Rs. 50,000 based on a written loan agreement. Ravi gives Suresh a notice to produce the original loan agreement in court. During the trial, Suresh refuses to produce the document. Ravi then provides secondary evidence, such as a photocopy of the loan agreement and testimony from a witness who saw the agreement being signed. Later, Suresh tries to present the original loan agreement to argue that the document was never signed by him. According to Section 164 of The Indian Evidence Act 1872, Suresh cannot use the original loan agreement as evidence without Ravi's consent or a court order because he refused to produce it when initially asked.

Example 2:

Meera is suing her former employer, XYZ Pvt. Ltd., for wrongful termination and claims that her employment contract guaranteed her job security for five years. Meera gives XYZ Pvt. Ltd. a notice to produce the original employment contract in court. XYZ Pvt. Ltd. refuses to produce the document. Meera then provides secondary evidence, such as email correspondence and a copy of the contract she had saved. XYZ Pvt. Ltd. later attempts to present the original employment contract to show that it contains a clause allowing for termination at will. Under Section 164 of The Indian Evidence Act 1872, XYZ Pvt. Ltd. cannot use the original contract as evidence without Meera's consent or a court order because they refused to produce it when initially requested.

Example 3:

Anita is involved in a property dispute with her neighbor, Rajesh, over the boundary line between their properties. Anita gives Rajesh a notice to produce the original property deed that allegedly shows the correct boundary. Rajesh refuses to produce the deed. Anita then provides secondary evidence, such as a surveyor's report and a copy of the deed. Rajesh later tries to present the original property deed to challenge the surveyor's report. According to Section 164 of The Indian Evidence Act 1872, Rajesh cannot use the original property deed as evidence without Anita's consent or a court order because he refused to produce it when initially asked.

Example 4:

Sunita is suing a contractor, Vinod, for breach of contract, claiming that Vinod did not complete the construction work as agreed. Sunita gives Vinod a notice to produce the original construction contract in court. Vinod refuses to produce the document. Sunita then provides secondary evidence, such as photographs of the incomplete work and a copy of the contract. Vinod later attempts to present the original construction contract to argue that the work was completed as per the terms. Under Section 164 of The Indian Evidence Act 1872, Vinod cannot use the original contract as evidence without Sunita's consent or a court order because he refused to produce it when initially requested.