FAILURE by Defendant to answer Interrogatories. If the defendant fails to answer, he shall be liable 1. To have his defence (if any) struck out, and 2. To be placed in the same position as if he had not defended, and the party interrogating may apply to the Court or a Judge for an order to the above effect, and an order may be made accordingly (Ord. 31, r. 20). Any one or more answers to interrogatories may be used in evidence at the trial of an action or issue by the opposite party, without putting in the others (Ord. 31, r. 23). Proviso. The Judge may look at the whole of the answers, and if he is of opinion than any other of them are so connected with those put in that the last-mentioned answers ought not to be used without them, he may direct them to be put in (Ord. 31, r. 23). Costs on interrogatories. The Court in adjusting the costs of the action shall, at the instance of any party, inquire or cause inquiry to be made into the propriety of exhibiting such interrogatories. And if it is the opinion of the Taxing Master, or of the Court or Judge that such interrogatories have been exhibited (a) Unreasonably, (b) Vexatiously, or (c) At improper length, the costs occasioned by the said interrogatories, and the answers thereto, shall be borne by the party in fault (Ord. 31, r. 2). DISCOVERY as to Documents. The Court or a Judge may, at any time during the action, order the production by any party, upon oath, of such of the documents in his possession or power DISCOVERY as to Documents-continued. relating to any matter in question in such action, as the Court or Judge shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just (Ord. 31, r. 11). [A plaintiff is not entitled to an order for discovery before statement of claim, except under very special circumstances (Cashin v. Cradock, 2 Ch. D. 140); nor is the defendant before delivery of defence.] Any party may, without filing any affidavit, apply to a Judge for an order directing any other party to the action to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question in the action (Ord. 31, r. 12). [The defendant in an action for the recovery of land of which he is in possession may be compelled under this order to make discovery of his documents of title, although it seems he may safely object to produce them (New British Mutual Investment Co., Limited v. Peel, 3 C. P. D. 196.] Affidavit of documents. The affidavit mentioned in the last preceding rule is to specify which (if any) of the documents the party objects to produce (Ord. 31, r. 13). [See form of affidavit in Appendix B., Form 9.] Notice to produce. Every party to an action or other proceeding shall be entitled (a) At any time before the hearing, or (b) At the hearing thereof, by notice in writing, to give notice to any other party, in whose 1. Pleadings or 2. Affidavits DISCOVERY as to Documents—continued. reference is made to any documents, to produce such documents for the inspection of the party giving such notice, or of his solicitor, and to permit him or them to take copies thereof (Ord. 31, r. 14). [No allowance of costs is to be made for any notice to produce or any inspection, unless the Taxing The party to whom such notice is given shall- (if all the documents therein referred to (b) Or within four days (if any of the documents therein referred to are not so set forth in the affidavit,) deliver to the party giving the same a notice stating a time (c) Within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, and stating 1. Which (if any) he objects to produce, and Any party not complying with notice to produce, shall not afterwards be at liberty to put any such document in evidence on his behalf in such action or proceeding unless he satisfies the Court: (a) That such document relates only to his own title, he being a defendant to the action; or (b) That he had some other sufficient cause for not complying with such notice (Ord. 31, r. 14). If the party served with notice under Rule 15 omits to give such notice of a time for inspection, or objects to give inspection, the party desiring it may apply to a Judge for an Order for inspection (Ord. 31, r. 17). DISCOVERY as to Documents-continued. Order for inspection. Every application for an Order for inspection shall be to a Judge, and, except in the case of— (a) Documents referred to in the pleadings or affidavits of the party against whom the application is made: or (b) Disclosed in his affidavit of documents, such application shall be founded upon an affidavit, showing 1. Of what documents inspection is sought: 2. That the party applying is entitled to inspect them; and 3. That they are in the possession or power of the other party (Ord. 31, r. 18). [The Rule 18 does not state that such affidavit is to be made by the party or his solicitor]. 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 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 (Ord. 31, r. 19). If a party fail to obey an Order for discovery or inspection he is liable to 1. Attachment; and also, 2. If a plaintiff, to have his action dismissed for want of prosecution; and 3. If a defendant, to have his defence struck out, and to be placed in the same position as if he had not defended (Ord. 31, r. 20). AMENDMENT of Statement of Claim. 1. By leave. The Court or Judge may at any stage of the proceedings 1. Allow either party to alter his statement of claim, defence, or reply; or 2. May order to be struck out or amended any matter (a) Which may be scandalous, or (b) Which may tend to prejudice, embarrass, or delay the fair trial of the action (Ord. 27, r. 1). And all such amendments shall be made as may be necessary for the purpose of determining the real question or questions in controversy between the parties (Ord. 27, r. 1). 2. Without leave. The plaintiff may, without any leave, amend his statement of claim once before the expiration of the time limited for reply, and before replying; or where no defence delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared (Ord. 27, r. 2). If a 3. Amendment where defendant added. statement of claim has been delivered previously to the addition of a defendant, the same shall be amended in such manner as the making such new defendant a party shall render desirable, unless otherwise ordered by the Court or Judge (Ord. 16, r. 6). AMENDMENT of Statement of Defence. By leave. The Court or Judge may, at any stage of the proceedings, allow either party to alter his statement of claim, or defence, or reply; or may |