692
Non-compliance with order for discovery or inspection. 0. 31 r. 21.
Service of order on solicitor. Ib. r. 22.
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 1901.
determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before deciding on the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.
205.—(1.) If any party fails to comply with any order to answer interrogatories or for discovery or inspection of documents, he shall be liable to attachment.
(2.) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his statement of defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or applying may apply to the Court for an order to that effect, and an order may be made accordingly.
206.—(1.) Service of an order for interrogatories or discovery or order on solicitor made against any party on his solicitor shall be 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.
Ib. r. 23.
Using answer to interrogatories at trial. Ib. r. 24.
Discovery against Bailiff. Ib. r. 28.
Discovery by or against infant, etc. Ib. r. 29.
(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 answers ought not to be used without them, he may direct them to be put in.
208. In any action against or by a 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.
692
Non-com- pliance with
order for dis- covery or in spection. 0. 31 r. 21.
Service of
itor.
Ib. x. 22.
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 1901. determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or question in dispute in the cause or matter should be determined before deciding on the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or in- spection.
་
205.—(1.) If any party fails to comply with any order to answer interrogatories or for discovery or inspection of documents, he shall be liable to attachment.
(2.) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his statement of defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or applying may apply to the Court for an order to that effect, and an order may be made accordingly.
206.—(1.) Service of an order for interrogatories or discovery or order on solic inspection made against any party on his solicitor shall be 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.
Ib. r. 23.
Using answer to interroga tories at trial.
Ib. r. 24.
Discovery against Bailiff.
Ib..r. 28.
Discovery by
or against ́infant, etc.
IoNr 29:
(2.) A solicitor, on whom an order against any party for interroga tories or discovery or inspection is served under this section, who neglects without reasonable excuse to give notice thereof to his clients 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 answers ought not to be used without them, he may direct them to be put in.
208. In any action against or by a Bailiff in respect of any matter connected with the execution of his office, the Court may, on the ap plication 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
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