AD 1901.] CODE OF CIVIL PROCEDURE.
[No. 3.
once taken: Provided that the Court may, on granting such application, impose any terms or conditions with respect to the examination of such witness and the admission of his evidence as to the Court may seem reasonable.
713
Order for attendance of person to produce document.
822. The Court may in any cause, at any stage of the proceedings, order the attendance of any person for the purpose of producing any document named in the order which the Court may think fit to be produced: Provided that no person shall be compelled to produce under any such order any document which he could not be compelled to produce at the trial.
323. Every person who wilfully disobeys any order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of Court, and shall be liable to be proceeded against and punished accordingly.
Disobedience of order for attendance.
0.37 r. 7.
Copy of pleadings for examiner.
324. Where any person is ordered to be examined before any officer of the Court or before any person appointed for the purpose, the party on whose application the order was made shall be furnished with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.
Ib. r. 10.
Custody of deposition taken on examination.
325. Where the examination of any witness is taken under the provisions hereinbefore contained, the deposition so taken shall be returned to and kept in the Registry; and office copies of such deposition may be given out to any person interested who may apply for the same.
Ord. No. 6 of 1855 s. 39.
Report of examiner on examination, and proceedings thereon.
326. Where any such examination is taken by the Registrar or by some other person, he may, and, if need be, he shall, make to the Court a special report with regard to such examination and the absence or conduct of any witness or other person thereon or relating thereto; and the Court may direct such proceedings and make such order as upon the report it may think just.
0-37 r. 16.
326a
327. Except where by this Code otherwise provided or directed by the Court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered, unless the Court is satisfied that the deponent-
(1.) is dead; or
(2.) is beyond the jurisdiction of the Court; or
(3.) is unable from sickness or other infirmity to attend the trial, in any of which cases the deposition, certified by the Court or under the hand of the person taking the examination, as the case may be, shall be...
Ib. r. 18.
2
Use of deposition taken on examination.