8A. Duty of defendant to produce documents upon which relief is claimed by him.
(1) Where a defendant bases his defence upon a document in his possession or power, he shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document or a copy thereof, to be filed with the written statement.
(2) A document which ought to be produced in Court by the defendant under this rule, but is not so produced, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(3) Nothing in this rule shall apply to documents produced,-
(a) for the cross-examination of the plaintiff’s witnesses, or
(b) in answer to any case setup by the plaintiff subsequent to the filing of the plaint, or
(c) handed over to a witness merely to refresh him memory.
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