affidavits to be filed. Copies of such affidavits shall be served on the
Registrar of Designs and on the appellant or the respondent, as the case
may be, immediately after the affidavits are filed.
5. (1) The registrar of the High Court shall, after obtaining directions Notice of
from the High Court, give to the Registrar of Designs, to the appellant hearing
and to any opposing party not less than fourteen days' notice of the time
and place appointed for the hearing of the appeal, unless the president of
the Tribunal directs that shorter notice shall be given.
(2) In any case where the setting down of the hearing of an appeal has
been delayed, any party may apply to the registrar of the High Court to
fix a date for the hearing, and thereupon the registrar of the High Court,
after consulting any other party and the High Court, shall set down the
appeal for hearing after having given to the Registrar of Designs and to
any other party not less than fourteen days' notice or such shorter notice
of the time and place appointed for the hearing of the appeal as directed
by the High Court.
(3) If in the opinion of the registrar of the High Court an appeal is not
being prosecuted timeously, he may lay the matter before the High
Court for directions and, if the High Court is satisfied that the parties do
not intend or are unable to proceed with the appeal, he may direct that
the parties attend before him to show cause why the appeal should not be
dismissed.
6. Subject to the provisions of subsection (6) of section thirty-five, the Evidence
evidence used on appeal to the High Court shall be the same as that used
before the Registrar of Designs, and no further evidence shall be given
except with the leave of the Court.
7. The High Court may, at the request of any party, order the
Attendance of
attendance at the hearing for the purpose of cross-examination of any
witnesses
person who has given evidence in the matter to which the appeal relates.
8. (1) Subject to the provisions of section forty-four, any party may, at Security on
any time before the hearing of an appeal, apply to the High Court for an appeal
order that any opposing party shall, within such time, in such amount
and in such manner as the High Court directs, give security for the
payment of any costs which such opposing party may be ordered to pay.