(3.) No interrogatory which does not relate to any matter in question in the action or matter shall be allowed.

(4.) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application the Court shall take into account any offer which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents, and leave shall be given to deliver only such interrogatories as seem necessary.

(5.) When the party sought to be interrogated is a company, partnership, or other body of persons, the name of the officer, member, or person by whom it is proposed that the interrogatories shall be answered, must be inserted in the interrogatories, and an order allowing the interrogatories may be made accordingly.

(6.) Any interrogatories may be set aside on the ground that they are unreasonable or vexatious, or struck out on the ground. that they are prolix, oppressive, unnecessary or scandalous.

139.-(1.) Interrogatories shall be answered by affidavit within eight days, or such time as the Court may allow.

(2.) Any objection to answering any interrogatory, on the ground that it is scandalous or irrelevant, or not bona fide for the purpose of the action or matter, or on any other ground, may be taken in the affidavit in answer.

(3.) If any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further as the case may be.

(4.) Such answer or further answer may be either by affidavit or in viva voce examination, as the Court shall direct.

140-(1.) Any party may, without affidavit, apply to the Court for an order, directing any other party to an action or matter to make discovery on oath of the documents which are or have been in his possession or power relating to any matter in question. On the hearing of the application the Court may adjourn or refuse the same, if it is satisfied that this discovery is unnecessary, or not necessary at that stage of the cause or matter, or make such order, either generally or limited to certain classes of documents as may in its discretion be thought fit.

(2.) The affidavit to be made by a party against whom such an order of discovery has been made shall specify which (if any) of the documents he objects to produce, and the grounds for his objection.

(3.) At any time during the pendency of an action or matter the Court may order the production on oath, by any party thereto, of such of the documents in his possession or power relating to

any matter in question in the action or matter as the Court may think right, and may deal with such documents, if produced, in such manner as shall appear just.

141.-(1.) If any party fails to comply with an order to answer interrogatories or for discovery or inspection of documents, he shall be liable to attachment under Article 94 of the principal Order.

(2.) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and if a defendant, to be placed in the same position as if he had not defended. And the party interrogating may apply to the Court for an order to that effect, and the order shall be made accordingly.

142. Any one or more of the answers, or any part of an answer, to interrogatories, may be used by the opposite party in evidence without putting in the others, or the whole of the answer. But in any case the Court may look at the whole of the answers, and may direct others to be put in, if it be of opinion that any of them are so connected with those already put in that they should not be left out.

Admissions.

143. Either party may call upon the other party to admit any document, saving all just exceptions; and if the other party refuses or neglects to admit after this notice, he shall pay the costs of proving the document in any event, unless the Court certifies that the refusal to admit was reasonable. And no costs of proving any document shall be allowed unless such notice be given, unless the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.

144.-(1.) Any party may give notice to another party, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of that other party.

(2.) Any party may, by notice in writing, at any time not less than three clear days before the hearing, call on any other party to admit, for the purpose of the action or matter only, any specific fact mentioned in the notice. In case the other party refuse or neglect to admit the fact within three days, or such further time as the Court may allow, he shall pay the costs of proving the fact in any event, unless at the hearing the Court certify that the refusal was reasonable, or otherwise order.

145. At any stage of an action or matter, where admissions of facts have been made, any party may apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties. And the Court, upon such application, may make such order or give such judgment as it may think fit.

146. Any party may, by notice in writing, at any reasonable time before the trial of an action or matter, call upon any other party to produce any document at the trial, and if, after receipt of such notice, the other party does not produce the document required, the party requiring it may, on proof of service of the notice, and that the document is in the possession of the other party, give secondary evidence respecting it.

Witnesses.

147.-(1.) Summonses to witnesses may be issued by the Registrar without leave of the Court, and may, by leave of the Court, be issued in blank and served by the party applying for them, or his solicitor; but only one name shall be inserted in each summons.

(2.) It shall be sufficient if a summons to a witness be served a reasonable time before the return day.

148. Except where otherwise provided by the principal Order or these Rules, the evidence of witnesses shall be taken vivá voce on oath. Where, by these Rules, evidence is permitted to be taken by affidavit, such evidence may be taken viva voce on oath if the Court shall so direct.

149.-(1.) When a witness served with a summons to produce does not at the trial produce the document required, the Court, upon admission or proof of the service of the summons within a reasonable time, and that the documents are in the possession or power, or under the control, of the witness, and that they relate to the matter then pending before the Court, may make an order for their production by the witness, and may deal with them when produced, and with all costs occasioned by their non-production, as may seem just.

(2.) Nothing in this Rule shall prevent the Court from receiving secondary evidence, where admissible, of any document, the production of which has been required as above.

150. When any document is produced to the Court from proper custody, it shall be read without further proof, if no objection be taken and if it appears genuine; and if the admission of any document so produced be objected to, the Court may adjourn the hearing for the proof of the document, and the party objecting shall pay the costs caused by the objection, in case the document shall be afterwards proved, unless the Court shall otherwise order.

151. When a party desires to use at the trial an affidavit by any particular witness, or regarding any particular facts, he may, five clear days before the hearing, give a notice, with a copy of the affidavit annexed, to the party against whom the affidavit is to be used, and unless the last-named party shall, within two clear days,

give notice to the other party that he objects to the use of such affidavit, he shall be taken to have consented to the use of it, unless the Court otherwise order.

But the Court may allow an affidavit to be used in any case.

152.-(1.) Whenever it shall be made to appear to the Court, upon the affidavit of any party to an action or matter, or of any credible person, that it is likely that any witness or person, by reason of great age and infirmity, illness, or any other sufficient cause, may not be able to appear to give evidence at the trial, the Court may make an order, notice of which shall be served on the other side, for the examination on oath of such witness or person by the Court at any place, and may empower any party to the action or matter to give the deposition so taken in evidence, on such terms, if any, as the Court may direct.

(2.) Such deposition shall not be used at the trial if it shall then be made to appear to the Court that the witness is able to appear and be examined viva voce.

153. All affidavits and depositions shall be read as the evidence of the person by whom they are used.

Change of Parties.

154.-(1.) When, by reason of any event occurring after the commencement of any action or matter, there shall be any assignment, creation, or transfer of the interest, estate, or title of any plaintiff before judgment, the person to or upon whom the interest, estate, or title has come may give notice of the fact to the Registrar, with his name and address, together with an affidavit of the truth of the fact. The Registrar shall at once cause a copy of the notice to be served upon the defendant in the action or matter, and a further notice stating that unless by a certain date he appears and shows cause against it, the person to or upon whom the interest, estate, or title has come will be substituted for, or made a joint plaintiff with, the original plaintiff.

(2.) In the same manner, with regard to any defendant, such defendant may give a similar notice to the Registrar, who shall take the like proceedings, and a defendant may be substituted or added, as the case may be, in the same manner as in the case of the substitution or addition of a plaintiff.

(3.) When a plaintiff or defendant is substituted or added under this Rule, the action book shall be altered, and all subsequent proceedings carried on under the altered title.

155. No action or matter shall abate on account of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and no action or matter shall become defective

on account of the assignment, creation, or transfer of any estate or title while the action or matter is proceeding. And whether the cause of action survives or not, there shall be no abatement if either party die between the verdict or the finding of the issues of fact and the judgment, but judgment may be entered in such case notwithstanding the death.

156. When by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of an action and causing a change or transmission of interest or liability, or by reason of any person coming into existence after such commencement, it becomes necessary or desirable that any person not already a party should be made a party, the Court may on application make an order that the action shall be carried on between the continuing parties and the new party or parties.

157.-(1.) By leave of the Court, execution on any judgment. may issue to any person not a party to the action, if such person proves his title to the benefit of the judgment. The Registrar shall substitute the name of such person for that of the original plaintiff, with a statement of his title, and shall give notice of having done so to the defendant, and execution shall not issue upon the judgment until three clear days after the service of the

notice.

(2.) When execution is required of any judgment against any person not a party to the action, the plaintiff shall take out a summons on the judgment directed to the person against whom it is proposed to issue execution, calling upon him to show cause why the judgment should not be enforced against him under the circumstances stated in the summons.

(3.) When a judgment has been given against a deceased person, his executors or administrators may be sued upon the judgment in the manner provided by this Rule.

Trial.

158. (1.) If at the hearing the plaintiff appears, but the defendant or any of the defendants does not appear, the Court shall, before hearing the action, inquire into the service of the summons and of notice of hearing on the absent party.

(2.) The Court, if not satisfied as to the service, may order further service to be made as the Court directs, and in that case shall adjourn the hearing for the purpose, but, if so satisfied, may proceed to hear the action, notwithstanding the absence of the defendant or any defendant.

(3.) If the Court hears an action in the defendant's absence the Court may afterwards, on proof that the absence was excusable,