CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1201
(3) An office copy of the notes of evidence taken in any cause shall be admissible, saving all just exceptions, in the same or any other cause as evidence that vivâ voce evidence was given before the Court as therein appearing.
309.-(1) Any objection to evidence must be taken at the time the question objected to is put, or, in case of documentary evidence, when the same is about to be put in, and must be argued and decided at the time.
(2) Where a question put to a witness is objected to, the Court, unless the objection appears to be frivolous, shall take a note of the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.
H. K. Code, s. 62 (13), (14).
by affidavits,
310. Where any evidence is by affidavit or has been taken by commission or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after the vivâ voce evidence on his part has been concluded.
[Ib. s. 62 (15).]
311. Documentary evidence must be put in and read, or taken as read by consent.
documentary evidence. [Ib. s. 62 (16).]
document
312. Every document put in evidence shall be marked by the officer of the Court at the time, and shall be retained by the Court during the trial, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.
[Ib. s. 62 (17).]
313.-(1) Where the evidence adduced at the trial varies substantially from the allegations of the respective parties in the pleadings, it shall be in the discretion of the Court to allow the pleadings to be amended, so as to make the pleadings correspond with the evidence.
[Ib. s. 62 (18), (19).]
(2) The Court may allow such amendment on such terms as to adjournment, costs, and other things as may seem just, so as to avoid surprise and injury to any party.
314. In an action for libel or slander, in which the defendant does not by his statement of defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the evidence.
Evidence in mitigation of damages in action for libel or slander.
O.36 r. 37.
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