Power to order discovery of particular document or class of documents.
(4)
The Court or a Judge in Chambers may, on the application of any party to an action at any time,
and whether an affidavit of documents shall or shall not have already been ordered or made, make
an order requiring any other party to state by affidavit whether any particular document or
documents or any class or classes of documents, specified or indicated in the application, is or are,
or has or have at any time been, in his possession, custody, or power, when he parted with the same
and what has become of it.
(5)
Application for the order shall be made on an affidavit stating that in the belief of the deponent the
party against whom the application is made has or has at some time had in his possession,
custody or power the document or documents, or the class or classes of documents specified or
indicated in the application and that they relate to the matters in question in the action, or to some or one
of them.
Premature discovery.
23. If the party from whom discovery of any kind or inspection is sought objects to the same, or any
part thereof, the Court or a Judge in Chamber may, if satisfied that the right to the discovery
or inspection sought depends on the determination of any issue or question in dispute in the
action or that for any other reason it is desirable that any issue or question in dispute in the
action should be determined before deciding upon the right to the discovery or inspection, order
that such issue or question be determined first and reserve the question as to the
discovery or inspection.
Non compliance with order for discovery.
24. (1) if any party fails to comply with order to answer interrogatories or for discovery or
inspection of documents, he shall be liable to committal.
(2)
The party shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and if a
defendant, to haw his defence, if any, struck out and to be placed in the same position as if he had not
defended, and the party interrogatim1 may apply to the Court or a judge in chambers for an order to that
effect and an order may be made accordingly.
Service on legal practitioner of order for discovery.
25.
(1) Service of an order for interrogatories or discovery or inspection made against any party or legal
practitioner shall be sufficient service to found an application for an attachment for disobedience
to the order.
(2)
The party against whom the application for attachment is made may show in answer to the
application that he has had no notice or knowledge of the order.
Liability of legal practitioner.
26. A legal practitioner upon whom an order against any party for interrogatories or discovery or
inspection is served under rule 25 who neglects without reasonable excuse to give notice thereof
to his client shall be liable to pay the costs occasioned thereby.
Using answer to interrogatories at trial.