Section 117. Using as evidence of document the production of which was refused on notice. (SYARIAH COURTS EVIDENCE ENACTMENT 1992

ENACTMENT NO. 16 OF 1992
SYARIAH COURTS EVIDENCE ENACTMENT 1992

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

Section 117. Using as evidence of document the 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

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 may not do so.