What is IEA Section 164 in BSA?

IEA Section 164 (164. Using, as evidence, of document production of which was refused on notice.) now corresponds to BSA Section 167 — 167. Using, as evidence, of document production of which was refused on notice.. The text is substantially unchanged.

The text is substantially unchanged

IEA Section 164 is now BSA Section 167

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

See the full comparison table

Old law

IEA §164

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

164. 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.

167. Using, as evidence, of document production of which was refused on notice.

167.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.