Section 61

Secondary evidence of the contents of the documents referred to in paragraph {a) of section 60 shall not be given unless the party proposing to give such secondary evidence has previously given the party in whose possession or power the document is, or to his Syar'ie Lawyer, 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 under 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;

1567

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

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

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

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