1178
No. 3 of 1901.
Production of documents. O. 31 r. 14.
Inspection of document referred to CODE OF CIVIL PROCEDURE.
document or documents specified in the application, and that it or they relates or relate to the matters in question in the cause or matter or to some of them.
198. It shall be lawful for the Court, at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Court may think right; and the Court may deal with such documents, when produced, in such manner as may appear just.
Inspection.
199.-(1) Every party to a cause or matter shall be entitled, at any time, by notice in writing, to give notice to any other party, in whose pleadings, particulars, or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice or of his solicitor, and to permit him or his solicitor to take copies thereof.
etc. ib. r. 15.
Time and place for inspection when notice for inspection given. ib. r. 17.
(2) Any party who does not comply with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he satisfies the Court that such document relates only to his own title, he being a defendant in the cause or matter, or that he had some other cause or excuse which the Court may deem sufficient for not complying with such notice; in which case the Court may allow the same to be put in evidence, on such terms as to costs and otherwise as the Court may think fit.
200. The party to whom such notice is given shall, within 2 days from the receipt of such notice, if all the documents therein referred to have been set forth by him in an affidavit for the discovery of documents, or, if any of the documents referred to in such notice have not been set forth by him in any such affidavit, then within 4 days from the receipt of such notice, deliver to the party giving the same a notice stating a time, within 3 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.