AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
703
observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
268. It shall be lawful for any Judge by whom any cause or matter may be tried or heard with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein.
269. The provisions of section 267 shall apply to inspection by a jury, and in such case the Court may make all such orders upon the Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.
No. 2 of 1901.
270.—(1.) An application for an order under section 10 of the Law of Amendment Ordinance, 1901, or under section 266 or section 267 of this Code, may be made to the Court by any party. If the application is by the plaintiff for an order under the said section 10, it may be made either ex parte or with notice, and if for an order under the said sections, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2.) An application for an order under section 265 may be made by the plaintiff at any time after his right thereto appears from the pleadings, or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the Court.
271. Where an action is brought to recover, or a defendant seeks by way of counterclaim to recover, specific property other than immovable property, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, if there are no pleadings, by affidavit or otherwise, to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum, if any, for interest and costs as the Court may direct, and that, on such payment into Court being made, the property claimed be given up to the party claiming it.
272. Where any immovable or movable property forms the subject of any proceedings in the Court, and the Court is satisfied that the same...
47
AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
703
observation to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
268. It shall be lawful for any Judge by whom any cause or matter Inspection may be tried or heard with or without a jury, or before whom any cause guage.
by 0. 50 r. 4. Or matter may be brought by way of appeal, to inspect any property or thing concerning which any question may arise therein.
269. The provisions of section 267 shall apply to inspection by a Inspection
by jury. jury, and in such case the Court may make all such orders upon the
Ib. r. 5. Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.
etc.
Ib. r. 6.
No. 2 of 1901.
270.-(1.) An application for an order under section 10 of the Law Application for order of Amendment Ordinance, 1901, or under section 266 or section 267 of
mandamus, this Code, may be made to the Court by any party. If the application is by the plaintiff for an order under the said section 10, it may be made either ex parte or with notice, and if for an order under the said sections, it may be made after notice to the defendant at any time after the issue of the writ of summons, and if it is by any other party, then on notice to the plaintiff and at any time after appearance by the party making the application.
(2.) An application for an order under section 265 may be made by Ib. r. 7. the plaintiff at any time after his right thereto appears from the plead- ings, or, if there are no pleadings, is made to appear by affidavit or otherwise, to the satisfaction of the Court.
Order for recovery of specific pro- perty, other
than im--
movable
subject to
lien, etc.
271. Where an action is brought to recover, or a defendant seeks by way of counterclaim to recover, specific property other than immovable property, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any property sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, if there are no pleadings, by Ib. r. 8. affidavit or otherwise, to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay
into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum, it any, for interest and costs as the Court may direct, and that, on such payment into Court being made, the property claimed be given up to the party. claiming it.
272. Where any immovable or movable property forms the subject Allowance of of any proceedings in the Court, and the Court is satisfied that the same
income of
property
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