Evidence.
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(6) The medical inspector or inspectors shall call upon the solicitors for the parties to identify the parties to be inspected and, after identification, the parties and their solicitors shall sign their names and the paper bearing the signatures shall be signed by the inspector or inspectors and annexed to the report.
(7) Every report made in pursuance of this rule shall be filed, and either party shall be entitled to be supplied with a copy upon payment of the prescribed fee.
26. (1) Subject to the provisions of the Ordinance and this rule, the witnesses at the trial of any matrimonial cause shall be examined viva voce and in open court:
Provided that a judge or the registrar may→→
(a) subject to the provisions of paragraph (3) of this rule, order that any particular facts to be specified in the order may be proved hy affidavit;
(b) order that the affidavit of any witness may be read at the trial on such conditions as the judge or registrar may think reasonable ;
(c) order that evidence of any particular facts to be specified in the order shall be given at the trial by statement on oath of information and belief, or by production of documents or entries in books, or by copies of documents or entries, or otherwise as the judge or registrar may direct; and
(d) order that not more than a specified number of experi
witnesses may be called.
(2) Where it appears to the judge or registrar that any party reasonably desires the production of a witness for cross-examina- tion and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit, but the expenses of such witness at the trial shall be specially reserved.
(3) Any party may apply for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any cause, and for leave to give the depositions taken on the examination in evidence at the trial, and the provisions of rules 2(2), 3, 5, 6, 7, 8, 9 and 11 of Order XIV of the Code of Civil Procedure shall apply to the examination.
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(4) Nothing in any order made under this rule shall affect the power of the judge at the trial to refuse to admit evidence tendered in accordance with the order if in the interests of justice he should think fit to do so.
26. At any time after the commencement of proceedings for Starving restitution of conjugal rights the respondent may apply for an Proceed
ings for order to stay the proceedings on the ground that he is willing to restitution. resume or to return to cohabitation with the petitioner.
jasted
27. An application for directions for the separate trial of any Trial of issue or, except in a case to which rule 14(2) applies, of any question as to the jurisdiction of the court shall be made to a judge.
28. (1) Every party to a matrimonial cause praying that the Discretion court shall exercise its discretion to grant a decree nisi notwith statement, standing his adultery shall lodge in the registry a statement (in this rule called "a discretion statement") signed by him or his solicitor, stating that the court will be asked to exercise its dis cretion in his favour notwithstanding his adultery, and setting forth particulars of the acts of adultery committed and of the facts which it is material for the court to know for the purpose of the exercise of its discretion.
(2) Where the application for the registrar's certificate under rule 30 is made by the party praying for the discretion of the court the discretion statement shall be lodged in a sealed envelope with the application for the registrar's certificate or, where the application for that certificate is made by any other party to the cause, the discretion statement shall be lodged in a sealed envelope within ten days after the receipt of notice that the cause has been set down for trial. The envelope shall be endorsed with a certi- ficate by the solicitor for the party praying for the discretion of the court, or by that party if he is acting in person, that the state- meat is signed and dated, and that paragraph (4) of this rule does not apply or has been complied with.
(3) A discretion statement shall be open to the inspection of the Attorney General but, except by the direction of the judge, shall not be open to inspection by any other person:
Provided that where an application is made to the registrar by or on behalf of a party who has filed a discretion statement for leave to give his own evidence by affidavit, the discretion state- ment shall be open to inspection by the registrar.