AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or, in the case of bankers' books, or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which, if any, of the documents he objects to produce and on what grounds.
201.-(1.) If the party served with notice under the last preceding section omits to give such notice of a time for inspection, or objects to inspection, or offers inspection elsewhere than at the office of his solicitor, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the Court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.
(2.) Any application to inspect documents, except such as are referred to in the pleadings, particulars, or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded on an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.
202. Where inspection of any business book is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original book, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original book. Such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations: Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.
203. Where, on an application for an order for inspection, privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege.
Discovery and Inspection.
204. If the party from whom discovery of any kind or inspection is sought objects to the same or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of an issue...
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