Section 117. Using as evidence of document production of which was refused on notice. (SYARIAH COURT EVIDENCE (TERENGGANU) ENACTMENT 2001

ENACTMENT NO. 6 OF 2001
SYARIAH COURT EVIDENCE (TERENGGANU) ENACTMENT 2001

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 3 - EXAMINATION OF WITNESSES

Section 117. Using as evidence of document production of which was refused on notice.

When a party refuses to produce a document which he has had notice to produce, he may not afterwards use the document as evidence without the consent of the other party or the order of the Court.

ILLUSTRATION

sues

on an agreement, and gives

notice to produce it. At the trial

calls for the document, and

refuses to produce it.

gives secondary evidence of its contents.

seeks to produce the document itself to contradict the secondary evidence given by

or in order to show that the agreement is not stamped. He may not do so.