1164
Order for verified copies of entries in business book.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
in his affidavit of documents, shall be founded on an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The court shall not make such order for inspection of such documents 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.
202. Where inspection of any business book is applied for, the court may, if it thinks fit, instead of ordering inspection of the original book, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations. Provided that, notwithstanding that such copy has been supplied, the court may order inspection of the book from which the copy was made.
Claim of privilege.
O. 31, r. 19A.
203. Where, on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the court to inspect the document for the purpose of deciding as to the validity of the claim of privilege.
Premature discovery or inspection.
Discovery and inspection.
204. If the party from whom discovery of any kind or inspection is sought objects to the same or any part thereof, the court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before deciding on the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.
Non-compliance with order for discovery or inspection. O.31, r. 21.
205.-(1) If any party fails to comply with any order to answer interrogatories or for discovery or inspection of documents, he shall be liable to attachment.
(2) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his statement of defence, if any, struck out, and to be