ORDER 3.-DISCOVERY BEFORE SUIT.

1. Examination and production. (3/1)

(1) Where, on application by any person, it appears to the Court that-

(a) the applicant has a prima facie case for relief in proceedings in the Court against any person (in this Rule called the person concerned); and

(b) the applicant, having made reasonable inquiries, does not know the name, or does not know the description, of the person concerned, or is otherwise unable to identify the person concerned sufficiently for the purpose of commencing proceedings against the person concerned; and

(c) some person has or may have knowledge of facts, or has or may have in his possession, custody or power any document, recording or thing, tending to assist in the ascertainment of the name or description or other identification of the person concerned,

the Court may order that person -

(d) to attend before the Court or an officer of the Court and be orally examined on any matter relating to the name or description or other identification of the person concerned; and

(e) to produce any document, recording or thing in his possession, custody or power relating to the name or description or other identification of the person concerned.

(2) Where, on the application of any person, the matters mentioned in Sub-rule (1)(a) and (b) appear to the Court and it further appears to the Court that a corporation has or may have in its possession, custody or power any document, recording or thing tending to assist in the ascertainment of the name or description or other identification of the person concerned, the Court may order the corporation or any officer of the corporation to produce any document, recording or thing in the possession, custody or power of the corporation relating to the name or description or other identification of the person concerned.

(3) In this Rule, description includes the place of residence, place of business, occupation and sex of the person concerned.

2. Procedure. (3/2)

(1) A person may apply for orders under Rule 1 by originating summons without making any person a defendant.

(2) An order under Rule 1 must be served personally on the person ordered to attend or to produce any document or thing.

3. Conduct money. (3/3)

(1) An order under Rule 1 shall not require a person to attend or to produce any document or thing on any day on which his attendance, or production by him, is required, unless a sum sufficient to meet his reasonable expenses of complying with the order in relation to that day is paid or tendered to him at the time of service of the order or not later than a reasonable time before that day.

(2) Where an order under Rule 1 requires a corporation to produce any document, recording or thing, the sum mentioned in Sub-rule (1) may be paid or tendered to any person apparently in the service of the corporation and apparently of or above the age of 16 years.

4. Expense and loss. (3/4)

Where any person incurs expense or loss in complying with an order under Rule 1 in an amount exceeding any sum paid under Rule 3, the Court may order the applicant to pay to that person an amount sufficient to make good the expense or loss.