§ 166 — Using as evidence document production of which was refused on notice

166. When a party refuses to produce a document which that party has had notice to produce, that party 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. B cannot do so.