750

No. 3 of 1901.

solicitor. O. 31, r. 22.

O. 31, r. 23.

Using answer to interrogatories at trial.

O. 31, r. 24.

Discovery against bailiff.

O. 31, r. 28.

Discovery by or against infant, etc. O. 31, r. 29.

CODE OF CIVIL PROCEDURE.

sufficient service to found an application for an attachment for disobedience to the order; but the party against whom the application for an attachment is made may show in answer to the application that he has had no notice or knowledge of the order.

(2) A solicitor, on whom an order against any party for interrogatories or discovery or inspection is served under this section, who neglects without reasonable excuse to give notice thereof to his client shall be liable to attachment.

207. Any party may at the trial of a cause, matter or issue use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer: Provided that in such case the judge may look at the whole of the answers, and if he is of opinion that any others of them are so connected with those put in that the last-mentioned answer ought not to be used without them, he may direct them to be put in.

208. In any action against or by the bailiff in respect of any matter connected with the execution of his office the court may, on the application of either party, order that the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned.

209. The preceding provisions of this Chapter shall apply to infant plaintiffs and defendants and to their next friends and guardians ad litem.

Notice of admission. O. 32, r. 1.

Notice to admit document.

O. 32, r. 2.

Admissions, etc.

210. Any party may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

211.—(1) Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit after such notice, the costs of proving such document shall be paid by the party so refusing or neglecting, whatever the result of the cause or matter may be, unless at the trial or hearing the court certifies that the refusal or neglect to admit was reasonable, or unless the court at any time otherwise orders or directs.

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