1192
Ordinance
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
necessary to give effect to such letter of request, in accordance with this section.
(7) The provisions of this section shall apply, mutatis mutandis, to applications under section 38 of the Evidence Ordinance, 1889, for the purpose of giving effect to any letter of request from any of His Majesty's courts or tribunals of competent jurisdiction outside the Colony.
Use of deposition taken on examination.
327. Except where by this Code otherwise provided or directed by the court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered unless the court is satisfied that the deponent-
O. 37, r. 18.
(1) is dead; or
(2) is beyond the jurisdiction of the court; or
(3) is unable from sickness or other infirmity to attend the trial, in any of which cases the deposition, certified by the court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328.-(1) Every affidavit used in the court shall be in the English language.
(2) It shall be drawn up in the first person, and shall be divided into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
S. 56 (1)-(4)
(3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
1192
Ordinance
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
necessary to give effect to such letter of request, in accord- ance with this section.
(7) The provisions of this section shall apply, mutatis No. 2 of 1889. mutandis, to applications under section 38 of the Evidence Ordinance, 1889, for the purpose of giving effect to any letter of request from any of His Majesty's courts or tribunals of competent jurisdiction outside the Colony.
Use of deposition
taken on
327. Except where by this Code otherwise provided or directed by the court, no deposition shall be given in examination. evidence at the trial of the cause without the consent of the 0. 37, r. 18.
party against whom the same is offered unless the court is satisfied that the deponent-
Rules as to
form and
substance of
affidavit.
H. K. Code,
0. 38, rr. 7, 8.
(1) is dead; or
(2) is beyond the jurisdiction of the court; or
(3) is unable from sickness or other infirmity to attend the trial, in any of which cases the deposition, certified by the court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328.-(1) Every affidavit used in the court shall be in the English language.
(2) It shall be drawn up in the first person, and shall be 8. 56 (1)-(4) divided into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
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