1988 Ed.] The Rules of the Supreme Court-Order 103
[CAP. 4
Proceedings for infringement: summons for directions (O. 103, r. 26)
26. (1) In such an action, and in such proceedings, as are referred to in rule 25(1), the plaintiff or petitioner must-
(a) within one month after the date on which the last reply to a request made under rule 25(1) is received or after the date on which the period fixed for making such a reply expires, whichever first occurs, or
(b) if no request for an admission is made by any party to the action or proceedings, within one month after service of a reply or answer or after the expiration of the period fixed for service thereof,
take out a summons for directions as to the place and mode of trial returnable in not less than 21 days, and if the plaintiff or petitioner does not take out such a summons in accordance with this paragraph, the defendant or respondent, as the case may be, may do so. The summons may be heard in chambers or in court as the Court thinks fit.
(2) The Court hearing a summons under this rule may give such directions-
(a) for the service of further pleadings or particulars,
(b) for the discovery of documents,
(c) (subject to rule 25(2)) for the service of interrogatories and of answers thereto,
(d) for the taking by affidavit of evidence relating to matters requiring expert knowledge, and for the filing of such affidavits and the service of copies thereof on the other parties,
(e) for the service on the other parties, by any party desiring to submit experimental proof, of full and precise particulars of the experiments proposed and of the facts which he claims to be able to establish thereby,
(f) for the making of experiments, tests, inspections or reports,
(g) for the hearing, as a preliminary issue, of any question that may arise (including any question as to the construction of the specification or other documents),
and otherwise as the Court thinks necessary or expedient for the purpose of defining and limiting the issues to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consistently with adequate hearing, in the most expeditious manner.
Where evidence is directed to be given by affidavit, the deponents must attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree.
(3) Order 24, rules 1 and 2, shall not apply in an action for infringement of a patent.
A 367
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court-Order 103
[CAP. 4
Proceedings for infringement: summons for directions (O. 103, r. 26)
26. (1) In such an action, and in such proceedings, as are referred to in rule 25(1), the plaintiff or petitioner must-
(a) within one month after the date on which the last reply to a request made under rule 25(1) is received or after the date on which the period fixed for making such a reply expires, whichever first occurs, or
(b) if no request for an admission is made by any party to the
action or proceedings, within one month after service of a reply or answer or after the expiration of the period fixed for service thereof,
take out a summons for directions as to the place and mode of trial returnable in not les than 21 days, and if the plaintiff or petitioner does not take out such a summons in accordance with this para- graph, the defendant or respondent, as the case may be, may do so. The summons may be heard in chambers or in court as the Court thinks fit.
(2) The Court hearing a summons under this rule may give such directions-
(a) for the service of further pleadings or particulars,
(b) for the discovery of documents,
(c) (subject to rule 25(2)) for the service of interrogatories and
of answers thereto,
(d) for the taking by affidavit of evidence relating to matters requiring expert knowledge, and for the filing of such affidavits and the service of copies thereof on the other parties,
(e) for the service on the other parties, by any party desiring to submit experimental proof, of full and precise particulars of the experiments proposed and of the facts which he claims to be able to establish thereby,
(f) for the making of experiments, tests, inspections or reports, (g) for the hearing, as a preliminary issue, of any question that may arise (including any question as to the construction of the specification or other documents),
and otherwise as the Court thinks necessary or expedient for the purpose of defining and limiting the issues to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consis- tently with adequate hearing, in the most expeditious manner.
Where evidence is directed to be given by affidavit, the depo- nents must attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree.
(3) Order 24, rules 1 and 2, shall not apply in an action for infringement of a patent.
A 367
[Subsidiary]
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