Mode of trial.
Registrar's certificate.
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(4) Where a discretion statement contains an allegation of adultery or other matrimonial offence on the part of the other spouse which is not referable to any specific allegation in the pleadings, notice of the allegation shall be given forthwith to that
spouse:
Provided that the court may at the trial dispense with the notice if it is satisfied that failure to give the notice was justified.
(5) Neither the fact that a discretion statement has been lodged or that such notice as aforesaid has been given nor the contents of the discretion statement or notice shall be given as evidence against the party lodging or giving the same in any matrimonial cause or matter except when that party has put the discretion statement or notice or the contents thereof in evidence in open court.
29. (1) Unless otherwise directed, all causes or issues shall be tried by a judge alone.
(2) When the trial is with a jury the judge at the trial shall decide at his discretion whether or not any issues arising on the pleadings (other than the issue of adultery in respect of which damages are claimed, and the amount of the damages) shall be left to the jury.
ล
30. (1) The petitioner or any party who is defending matrimonial cause shall, before setting down the cause for trial, refer the pleadings and proceedings in the cause to the registrar, who shall give a certificate that the cause is fit to be set down for trial if he is satisfied-
(a) that a copy of the petition, and any document required to be served in the same manner as a copy of a petition, has been duly served;
(b) if appearance has not been entered, that the time for
entering an appearance has expired;
(c) if an appearance has been entered, that the time for filing
an answer or any subsequent pleading has expired; (d) in proceedings for nullity on the ground of impotence or incapacity, that a report by a medical inspector or inspectors appointed under rule 24(1) has been filed, or an order made that there shall be no medical inspection;
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(e) in proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage, that the report of any medical inspector or inspectors appointed under rule 24(4) has been filed.
(2) The application for the registrar's certificate shall include a statement in writing of the probable length of time to be occupied by the bearing. Should circumstances arise before the trial tending to show that the statement is inaccurate, a further state- ment must be lodged.
31. (r) The petitioner, after the registrar's certificate has been Setting obtained, or (where directions have been given for the separate trial,
down for trial of any issue) the plaintiff, after the directions have been complied with, shall set the cause or issue down for trial in the registry, and shall, within twenty-four hours thereafter, give to each party who has entered an appearance notice of his having If the petitioner fails to set the cause down within fourteen days after the granting of the registrar's certificate, any party defending the cause may set it down for trial and shall, within twenty-four hours thereafter, give to the petitioner and all other parties who have entered an appearance notice of his having done so.
done so.
(2) If an undefended cause is not set down within twenty- eight days after the granting of the registrar's certificate, it shali not thereafter be set down until the certificate has been renewed.
(3) Except with the consent of all parties or by leave of the judge, no cause shall be tried until after the expiration of ten days from the date of setting down.
(4) The party who has set the cause down for trial shall, within twenty-four hours after the date of the bearing has been fixed, give notice of such date to any party acting in person who has entered an appearance, and to the petitioner if he is acting in person and the cause has been set down for trial by a party other than the petitioner.
Ro-respond-
32. After entering an appearance, a respondent, co-respond. Right of ent, or party cited in an answer may, without filing an answer, respondent, be heard in respect of any question as to costs or damages and a respondent spouse may, without filing an answer, be heard as to any question of custody of or access to any children of the marriage:
ent of party cited to be heard without filing
Answer.