Dispensing with Bling and service
of amended pleading.
Informal
order for discovery.
Informai ander for inspection.
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requires, and the opponent shall, within five days of the service of the notice, file such further particulars as may properly be required and within the same time deliver a copy thereof to the party requiring the particulars.
(4) If the notice is not complied with, the Court, before or at the trial, if it is satisfied that the party requiring the particulars is thereby prejudiced, may order that—
(a) further or better particulars be filed and delivered;
(b) all proceedings be stayed until the order has been obeyed! (c) the action be dismissed or that the defendant be debarred from defending, as the case may be, unless the order is obeyed within such further time as the Court may allow,
and the Court may make such order as to costs as it thinks fit.
(5) This rule shall apply to a counterclaim and to third party proceedings in the same manner as it applies to an action with such modifications as are necessary,
(6) Rule 5 of Order 5 of the Code shall not apply to any proceed. ings in the Court.
34. The Court may in any particular case dispense with compliance with the requirements of rule 7 of Order 6 of the Code if it is satisfied that any amendment such as is referred to in that rule has beco sufficiently communicated to the other party and to the Court.
Discovery of documents.
39. (1) The Court may, of its own motion but subject to any proper claim of privilege, make such order for discovery of documents, including the mode of discovery, as it may consider necessary or desir able and the provisions of rule 19 of Order 7 of the Code shall apply to any failure to comply with the provisions of any such order.
(2) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Code with reference to dis covery of documents.
Inspection of documents,
40. (1) The Court may, of its own motion but subject to any proper claim of privilege, order any party to produce any relevant document in his possession or under his control for inspection by any other party and may order that any such inspection shall take place in the presence of an officer of the Court and the provisions of rule 19 of Order 7 of the Code shall apply to any failure to comply with the provisions of any such order.
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(2) Any party who fails to comply with any such order shall not, except with the leave of the Court, be permitted to rely at the trial of the action on any document mentioned in the order,
(3) Nothing in this rule shall prevent the adoption by any party of the formal procedure prescribed by the Code with reference to dis- covery and inspection of documents.
Interlocutory proceedings.
41. The Court may, if it thinks fit, permit any interlocutory applica- Informal
Applications, tion or opposition thereto to be made orally and without the filing of an etc. affidavit or other preliminary formality, in court or in chambers,
Date of trial.
And notice
42. (1) In any proceedings in the Court, it shall not be necessary Summons to to issue a summons to set down a cause for trial but the cause shall be set down tried at the date and time appointed by the writ of summons or other of trial not process or at such date and time as may be appointed by the Court, necessary.
(2) In any proceedings in the Court, it shall not be necessary for any party to give notice of trial to any other party or to the Court except where the Court so orders.
(3) The provisions of rules 1, 2 and 3 of Order 12 of the Code shall not apply to any proceedings in the Court.
Postponement of trial.
DECESSARY,
43. In any proceedings in the Court it shall not be necessary to Summons to issue a summons applying for the postponement of a trial and an postpone not upplication to postpone the trial of any action may be made orally and without any preliminary formality so long as proper notice of such application has been given to the other party in such proceedings and rules 4, 5 and 6 of Order 12 of the Code shall, in their application to the Court. be construed accordingly.
lizL
44. On the application of any party to any proceedings, made not Restoring less than two clear days before the next call-over day and on notice to all-over the opposite party, the Registrar may have the proceedings restored to and included in the list for such call-over day for any purpose of which the Registrar may approve.
Trial,
45. Rules 12 to 19 inclusive of Order 12 of the Code (which relate Rules of
to the mode of trial of actions) shall not apply to the Court.
Code relating
to mode of
trial oot to Apply.