Notice to produce in pleadings or in separate notice.
29.
A notice to produce may be included in the pleadings of the party seeking the production of the
document or thing, or be in a separate notice delivered to the other party or his counsel.
Sufficient particulars.
30.
A notice to produce shall specify sufficient particulars to identify to the other party the exact
document or thing required.
Fees.
31.
Fees for notices to produce shall be paid as prescribed by these Rules; Provided that where more
notices than one are included in the pleadings payment shall be made for only one notice.
Failure to produce document.
32.
Where a party to whom notice to produce was given, fails to produce the document or thing required
to be produced, the party that gave the notice, shall be at liberty to lead secondary evidence of
the matter contained in the document or thing that was not produced.
Court may order inspection, etc.
33.
On the application of any party to a legal proceeding, the Court may order that such party be at
liberty to inspect and take copies of any entry in a banker's book for any of the purposes of
such proceeding. 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 the same is to be
obeyed, unless the Court otherwise directs.
Costs.
34.
The costs of any such application, and the costs of anything done or to be done under an order of
the Court made under or for the purposes of the foregoing rule, or under the provisions of section
97 of the Evidence Act relating to the proof of an entry in a banker's book, shall be in the
discretion of the Court, which may order the same or any part thereof to be paid to any party by the
bank, where the same have been occasioned by any default or delay on the part of the bank. Any
such order against a bank may be enforced as if the bank were a party to the cause or matter.
Expressions relating to banker's book.
35.
Expressions relating to banker's books include ledgers, day books, cash books, account books and
all other books used in the ordinary business of the bank.
ORDER 21
NON-SUIT