Directory_and_Chronicle_1890 — Page 154

'Oral Examina-

tion of Parties. when to be allowed.

124

CODE OF CIVIL PROCEDURE-HONGKONG.

which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay: Provided that where it shall happen, from unavoidable circumstances, that the plaintiff or defendant cannot join in such affidavit, the Court may,

if it think fit upon affidavit of such circumstances by which the party is prevented from so joining therein, allow and order that the interrogatories may be delivered without such affidavit.

3.-In case of omission, without just cause, to answer sufficiently such written interrogatories it shall be lawful for the Court, at its discretion, to direct an oral examination of the interrogated party, as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such order, or any subsequent order, command the attendance of such party before the person appointed to take such examination, for the purpose of being orally examined as aforesaid, or the production of any writings or other documents to be mentioned in such order, and may imp se therein such terms as to such examination, and the cost of the application and of the proceedings thereon, and otherwise, as to such Court shall seem just. 4.-The Court may, on the application of the party interrogated, nterrogatories. strike out or permit to be amended any interrogatory which in the opinion

of the Court, may be exceptionable.

Exceptions to

Examination of Person who

refuses to make An Affidavit.

Ducovery of Documents

Evidence at he Hearing.

When to be made.

How to be made.

Whether in

Court or Chambers.

5.--Any party to a suit, or other civil proceedings, requiring the affidavit of a person who refuses to make an affidavit, may apply by sum- mous for an order to such person to appear and be examined upon oath before the Court or Registrar, to whom it may be most convenient to refer such examination, as to the matters concerning which he has refused to make an affidavit: and the Court may, if it think fit, make such order for the attendance of such person before the person therein appointed to take such examination, for the purpose of being examined as aforesaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it shall think just.

6. Upon the application of either party to any suit or other civil proceeding upon an affidavit of such party of his belief that any document, to the production of which he is entitled for the purpose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for the Court to order that the party against whom such application is made, or if such party is a body corporate that some officer to be named of such body corporate, shall answer on affidavit, stating what documents be or they has or have in his or their pos-ession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and if son what grounds) to the production of such as are in his or their posses ion or power; and upon such affidavit being made, the Court may make such further order thereon as shall be just.

7.--All such interrogatories, answers, depositions, an affidavits as aforesaid, shall be file in Court in the suit or other civil roc eding, and the evidence so taken may be used at the hearing thereof, saving just exc、ptions.

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CHAPTER VI.-INTERLOCUTORY PROCEEDINGS.

Motion and Summons.

XLII.-Interlocutory applications may be made at any stage of a suit

or proceeding.

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2. They shall be made either by motion in Court or by summons in Chambers, and shall be hea ed in the suit or o her proceeding.

3.-Subject to any general orders, the Court shll, in each case, decido whether the application is a proper one to be made by motion in Court, or