motion, or adjourn the hearing thereof in order that the notice may be given upon such terms as the
Court may deem it.
E - EVIDENCE IN INTERLOCUTORY PROCEEDINGS.
Oral evidence.
23. Oral evidence shall not be heard in support of any motion unless by leave of the Court.
Evidence in addition to or in lieu of affidavits.
24.
The Court may, in addition to or in lieu of affidavits, if it thinks it expedient, examine any
witness viva voce, or receive documents in evidence, and may summon any person to attend
to produce documents before it, or to be examined or cross-examined before it in like manner as at
hearing of the a suit.
Notice to parties and interested parties.
25.
Such notice as the Court in each case according to the circumstances, considers reasonable, shall
be given to the persons summoned, and to such persons (parties to the cause or matter or
otherwise interested) as the Court considers are entitled to inspect the documents to be
produced, or to examine the person summoned, or to be present at his examination, as the case
may be.
Evidence how taken.
26.
The evidence of a witness on any such examination shall be taken in like manner as nearly as may
be at the hearing of a suit.
Affidavit not filed with motion paper.
27.
Upon the hearing of any motion the Court may, on such terms as to costs and adjournment as
it may deem fit, allow any additional affidavit to be used, after the affidavit has been duly filed and
served on the opposing party.
ORDER 27
AFFIDAVITS
Evidence on motions, etc.
1.
Upon any motion, petition, summons or other application, evidence may be given by affidavit, but
the judge may on his own motion or on application, order the attendance for cross-examination
of the deponent and where, after such an order has been made the person in question does not
attend the person's affidavit shall not be used as evidence save by special leave.
Title of affidavit.