1192
Preservation, etc., of
No. 3 of 1901.
CODE OF CIVIL PROCEDURE,
may consider entitled to inspect the document to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.
(3) The evidence of a witness on any such examination, or on any cross-examination under the last section, shall be taken in like manner, as nearly as may be, as at the trial of an action.
Interlocutory Order.
265. When by any contract a primâ facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may subject-matter of disputed contract.
O.50 r. 1.
Sale of perishable goods, etc. ib. r. 2.
Detention, preservation, or inspection of property the subject of cause or matter. ib. r. 3.
Inspection by Judge. ib. r. 4.
make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured.
266. It shall be lawful for the Court, on the application of any party to a cause or matter, to make any order for the sale, by any person named in such order and in such manner and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to be injured by keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.
267. It shall be lawful for the Court, on the application of any party to a cause or matter and on such terms as may be just, to make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorise any person to enter upon or into any land or building in the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorise any samples to be taken, or any observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
268. It shall be lawful for any Judge by whom any cause or matter may be tried or heard with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein.