36. In the interval between the issuing out and service of any subpoena, the party issuing out the subpoena may
correct any error in the names of parties or witnesses and may have the writ re-sealed upon leaving a corrected
praecipe of the subpoena marked with the words "altered and re-sealed", and signed with the name and address
of the legal practitioner issuing out the same.
37. (1) A subpoena shall be served personally unless substituted service has been ordered by the Court or a
Judge in chambers in cases where a person evades service.
(2) The provisions of Order 12 of these Rules shall so far as possible, apply to service and proof of service of a
subpoena.
38. A subpoena shall remain in force from the date of issue until the conclusion of the trial of the action or matter
in which it is issued.
39. (1) Any party desiring to give in evidence any deed or other instrument which shows upon the face of it that
it has been duly executed, may deliver to the opposite party not less than four clear days before the return-day a
notice in writing specifying the date, nature and party to that deed or instrument, and requiring the opposite party
to admit that it was executed as it purports to have been, saving all just exceptions as to its admissibility, validity
and contents.
(2) If at or before the hearing of the suit the party notified neglects or refuses to give the admission, the Court
may adjourn the hearing in order to enable the party tendering the deed or instrument to obtain proof of the due
execution thereof, and upon production of the proof the Court may order the costs of the proof to be paid by the
party so neglecting or refusing, whether he be the successful party or not.
40. When any civil or criminal matter is pending before a court or tribunal of a foreign country and it is made to
appear to the Court by commission rogatoire, or letter of request or other sufficient evidence that that court or
tribunal is desirous of obtaining the testimony in relation to the matter of any witness or witnesses within the
jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorised to make the
application on behalf of the foreign court or tribunal and on production of the commission rogatoire or letter of
request or such other evidence as the Court may require or consider sufficient, make such order or orders as may
be necessary to give effect to the intention of the commission rogatoire, or letter of request.
41. (1) On the application of any party to a legal proceeding, the Court may order that that party be at liberty to
inspect and take copies of any entries in a banker's book for any of the purposes of the proceeding.
(2) An order under this rule may be made either with or without summoning the bank or any other party and
shall be served on the bank three days before it is to be obeyed, unless the Court otherwise directs.
Order 40
Judgments and Orders
1. The decision or judgment in any suit shall be delivered in open court, unless the Court otherwise directs for
sufficient cause.
2. If the Court reserves judgment at the hearing, parties to the suit shall be served with notice to attend and hear
judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case there
shall be no further notice.
3. All parties shall be deemed to have notice of the decision or judgment if pronounced at the hearing and all
parties served with notice to attend and hear judgment shall be deemed to have notice of the judgment when
pronounced.
4. (1) A minute of every judgment, whether final or interlocutory, shall be made and every such minute shall be a
decree of the Court and shall have the full force and effect of a formal decree.
(2) A formal decree or order may be drawn up on the application of either party.
5. (1) If the defendant has been allowed to set off any demand or counter-claim against the claim of the plaintiff,