ORDER XXIX. O. XXIX, rr. 1-5. AMENDMENT. 250 of indorsement or pleadings. 1. The Court or a Judge may, at any stage of the pro- Amendment ceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be (Cf. R. 312, (0)). just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. O. 28, r. 1, (E). 251 without leave. by plaintiff [Cf. R. 300, (O)]. 2. The plaintiff may, without any leave, amend his state- Amendment ment of claim, whether indorsed on the writ or not, once at any time before the expiration of the time limited for reply, and before replying, or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared. O. 28, r. 2, (E). 252 of counter without leave. 3. A defendant who has set up any counterclaim or set-off Amendment may, without any leave, amend such counterclaim or set-off claim or set-off at any time before the expiration of the time allowed him for answering the reply and before such answer, or in case there be no reply, then at any time before the expiration of twentyeight days from defence. O. 28, r. 3, (E). 253 for disallow amendment. 4. Where any party has amended his pleading under Application either of the last two preceding Rules, the opposite party ance of may, within eight days after delivery to him of the amended (Cf. R. 391, (O)). pleading, apply to the Court or a Judge to disallow the amendment, or any part thereof, and the Court or a Judge if satisfied that the justice of the case requires it, disallow the same, or allow it, subject to such terms as to costs or otherwise as may be just. O. 28, r. 4, (E). may, 254 amendment party after [R. 392, (O)]. 5. Where any party has amended his pleading, under Pleading or Rule 2 or 3, the opposite party shall plead to the amended by opposite pleading or amend his pleading within the time he then has amendment. to plead or within eight days from the delivery of the amendment, whichever shall last expire; and in case the opposite party has pleaded before the delivery of the amendment, and does not plead again or amend within the time above mentioned, he shall be deemed to rely on his original pleading in answer to such amendment. O. 28, r. 5, (E). 0. XXIX, rr. 6-12. 255 Application for leave to amend. [R. 304, (O)]. 256 Failure to amend after order. [R. 305, (O)]. 257 How amendment to be made. [R. 307 (1), (O)]. 258 Marking of amended pleadings. [R. 307 (1), (O)]. 259 Delivery of amended pleadings. [R. 308, (O)]. 260 Clerical mistakes, etc. [R. 640, (O)]. 261 General power to amend. [Cf. R. 312, (O)]. 6. In all cases not provided for by the preceding Rules of this Order, application for leave to amend may be made by either party to the Court or a Judge, or to the Judge at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just. O. 28, r. 6, (E). 7. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited. then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court or a Judge. O. 28, r. 7, (E). 8. An indorsement or pleading may be amended by written alterations in the copy which has been delivered, and by additions on paper, to be interleaved therewith if necessary, unless the amendments require the insertion of more than 200 words in any one place, or are so numerous or of such a nature that making them in the copy delivered would render the same difficult or inconvenient to read; in either of which cases the amendment shall be made by delivering a fresh copy of the pleadings as amended. O. 28, r. 8, (E), am. 9. Whenever any indorsement or pleading is amended, the same, when amended, shall be marked with the date of the order, if any, under which the same is so amended, and of the day on which such amendment is made, in manner following, viz.: "Amended day of 10. Whenever any indorsement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same. r. 10, (E). O. 28, 11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a Judge, on motion or summons, without an appeal. O. 28, r. 11, (E). 12. The Court or a Judge may at any time, and on such terms as to costs or otherwise as the Court or Judge may all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings. O. 28, r. 12, (E). 0. XXIX, r. 13. 13. The costs of and occasioned by any amendment made Costs. pursuant to Rules 2 and 3 of this Order shall be borne by the party making the same, unless the Court or a Judge shall otherwise order. O. 28, r. 13, (E). ORDER XXX. SUMMONS FOR DIRECTIONS. 262 0. XXX, rr. 1, 2. 263 directions. 1.-(a) A summons for directions in any action may be summons for (b) Such summons shall be taken out after appearance (c) Where under Order XIV., the plaintiff applies for (d) The summons shall be in the Form No. 8, Appendix K., with such variations as circumstances may 2. Upon the hearing of the summons the Court or a Judge 264 Order as to interlocutory proceedings. 9. XXX, rr. 3-7. 265 No affidavit to be used. 266 Application by any party on hearing of summons. 267 Subsequent applications. 268 Costs of subsequent 3. No affidavit shall be used on the hearing of the said summons except by special order o the Court or a Judge. O. 30, r. 3, (E). 4. On the hearing of the summons, any party to whom the summons is addressed shall, so far as practicable, apply for any order or directions as to any interlocutory matter or thing in the action which he may desire. O. 30, r. 4, (E). 5. Any application subsequently to the original summons, and before judgment, for any directions as to any interlocutory matter or thing, by any party, shall be made under the summons by three clear days' notice to the other party stating the grounds of the application. O. 30, r. 5, (E), am. 6. Any application by any party, which might have been applications. made at the hearing of the original summons shall, if granted on any subsequent application, be granted at the costs of the party applying, unless the Court or a Judge shall be of the opinion that the application could not properly have been made at the hearing of the original summons. O. 30, r. 6,(E). 269 Order as to form of proof. 0. XXXI, r. l. 270 Discovery by interrogatories. 7. On the hearing of the summons, the Court or a Judge may order that evidence of any particular fact, to be specified in the order, shall be given by statement on oath of information and belief, or by production of documents or entries in books, or by copies of documents or entries, or otherwise as the Court or Judge may direct. O. 30, r. 7, (E). ORDER XXXI. DISCOVERY AND INSPECTION. 1. In any cause or matter the plaintiff may with his statement of claim, and the defendant may with his statement of defence, or within such further time as may be allowed to either of them by a Judge, deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, and such interrogatories, when delivered, shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer. Provided also that interrogatories which do not relate to any matters in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. A copy of the interrogatories, when delivered, shall be filed in the office of the proper officer. O. 31, r. 1, (E), am. Ο. ΧΧΧΙ, rr. 2--7. 271 rogatories. 2. In adjusting the costs of the cause or matter, inquiry Costs of intershall, at the instance of any party, be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer, or of the Court or Judge, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. O. 31, r. 3, (E); C. S. 1903, c. 112, s. 45. 272 3. Interrogatories shall be in the Form No. 6, in Appendix Form of inter B., with such variations as circumstances may require. O. 31, rogatories. r. 4, (E). 273 4. If any party to a cause or matter be a body corporate Corporations. or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may deliver interrogatories to any member or officer of such corporation, company, or body: O. 31, r. 5, (E), am. 274 interroga 5. Any objection to answering any one or more of several objections to interrogatories, on the ground that it or they is or are scandal- tories. ous or irrelevant, or not bona fide for the purpose of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer. O. 31, r. 6, (E). 275 and striking tories. 6. Any interrogatories may be set aside on the ground setting aside that they have been exhibited unreasonably or vexatiously, out interrogaor struck out on the ground that they are prolix, oppressive, unnecessary, or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories. O. 31, r. 7, (E). 276 affidavit, 7. Interrogatories shall be answered by affidavit to be Answer by filed and delivered within ten days, or within such other time when to be. as the Judge may allow. O. 31, r. 8, (E), am. |