Section 53. Rules as to notice to produce (SYARIAH COURTS EVIDENCE ENACTMENT 1990

ENACTMENT NO 1 OF 1990
SYARIAH COURTS EVIDENCE ENACTMENT 1990

PART II - PROOF
CHAPTER 5 - DOCUMENTARY EVIDENCE

Section 53. Rules as to notice to produce

Secondary evidence of the contents of the documents referred to in paragraph (a) of section 52 of this Enactment shall not bt given unless the party proposing to give such secondary evidence has previously given to the partry in whose possession or power the document is, or to his Peguam Syariah, such notice to produce it as is prescribed by law; and if no notice is prescribed by law then such notice as the Court considers reasonable inder the circumstances of the case:

Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases or in any other case in which the Court thinks fit to dispense with it:

(a)

when the document to be proved is itself a notice;

(b)

when from the nature of the case the adverse party must know that he will be required to produce it;

(c)

when it appears or is proved that the adverse party has obtained possession of the original by fraud or force

(d)

when the adverse party or his agent has the original in Court;

(e)

when the adverse party or his agent has admitted the loss of the document;

(f)

when the person in posession of the document is out of reach of or not

subject to the process of the Court.