1162
No. 3 of 1901.
O. 31, r. 13.
CODE OF CIVIL PROCEDURE.
(2). On the hearing of such application, the court may either refuse or adjourn the same, if satisfied that such discovery is not necessary or not necessary at that stage of the cause or matter, or make such order, either generally or limited to certain classes of documents, as may, in its discretion, be thought fit: Provided that discovery shall not be ordered 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.
(3) The affidavit to be made by the party against whom such order has been made shall specify which, if any, of the documents therein mentioned he objects to produce and on what grounds on Form No. 22.
Schedule.
Discovery of specific documents. 197.-(1) The court may, on the application of any party to a cause or matter, at any time, and whether an affidavit of documents has or has not already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are or has or have at any time been in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof.
O. 31, r. 14.
(2) Such application shall be made on an affidavit stating that, in the belief of the deponent, the party against whom the application is made has, or has at some time had, in his possession or power the 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 of document referred to in pleadings, etc.
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
O. 31, r. 15.