CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
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such document for the inspection of the party giving such notice or of his solicitor, and to permit him or his solicitor to take copies thereof.
(2) Any party who does not comply with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he satisfies the court that such document relates only to his own title, he being a defendant in the cause or matter, or that he had some other cause or excuse which the court may deem sufficient for not complying with such notice; in which case the court may allow the same to be put in evidence, on such terms as to costs and otherwise as the court may think fit.
200. The party to whom such notice is given shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in an affidavit for the discovery of documents, or, if any of the documents referred to in such notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time, within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or, in the case of bankers' books, or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which, if any, of the documents he objects to produce and on what grounds.
201.—(1) If the party served with notice under section 200 omits to give such notice of a time for inspection, or objects to give inspection, or offers inspection elsewhere than at the office of his solicitor, the court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.
(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars, or affidavits of the party against whom the application is made or disclosed
* As amended by Law Rev. Ord., 1924.
Application for inspection. O. 31, r. 18.
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Page 51
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1163
such document for the inspection of the party giving such notice or of his solicitor, and to permit him or his solicitor to take copies thereof.
(2) Any party who does not comply with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he satisfies the court that such document relates only to his own title, he being a defendant in the cause or matter, or that he had some other cause or excuse which the court may deem sufficient for not complying with such notice; in which case the court may allow the same to be put in evidence, on such terms as to costs and otherwise as the court may think fit.
200. The party to whom such notice is given shall, with- Time and in two days from the receipt of such notice, if all the place for documents therein referred to have been set forth by him in when notice
inspection an affidavit for the discovery of documents, or, if any of the for inspection documents referred to in such notice have not been set forth 0.31, r. 17.
given. by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time, within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or, in the case of bankers' books, or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which, if any, of the documents he objects to produce and on what grounds.
201.-(1) If the party served with notice under section 200 omits to give such notice of a time for inspection, or objects to give inspection, or offers inspection elsewhere than at the office of his solicitor, the court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.
(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars, or affidavits of the party against whom the application is made or disclosed
* As amended by Law Rev. Ord., 1924.
Application fo. 31, r. 18.
for inspection. 0.
*
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