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In forceUpdated to 1 Nov 2017Read it in Bahasa Malaysia
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Chapter X · Examination of Witnesses

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

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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.

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.

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Chapter XI

Improper Admission and Rejection of Evidence