1912_CODE_OF_CIVIL_PROCEDURE — Page 49

1180

No. 3 of 1901:

Non-

compliance

CODE OF CIVIL PROCEDURE.

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 with order for interrogatories or for discovery or inspection of documents, he shall discovery or

be liable to attachment. inspection. 0.31 r. 21.

Service of order on solicitor. ib. r. 22.

ib. r. 23.

Using answer

tories at

trial. ib. r. 24.

(2) He shall also, if a plaintiff, be liable to have his action dis- missed 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 he party inter- rogating 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 inspection made against any party on his solicitor shall be suffi- cient service to found an application for an attachment for disobedience to the order; but the party against whom the applica- tion for an attachment is made may show in answer to the applica- tion that he has had no notice or knowledge of the order.

(2) A solicitor, on whom an order against any party for inter- rogatories 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 to interroga 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 answer ought not to be used without them, he may direct them to be put in.

Discovery against bailiff. ib.r. 28.

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.