Section 169 - Original under control of an opponent

(1) Evidence other than an original writing is admissible to the same extent as an original to prove the content of a writing, if at a time when an original was under the control of the opponent of the evidence, the opponent was given express or implied notice by the pleadings or otherwise, that the content of the writing would be a subject of proof at the hearing, and on request at the hearing the opponent does not produce it.

(2) Though a writing requested by one party is produced by another and is inspected by the party calling for it, the party calling for the writing is not obliged to introduce it as evidence in the action.