(a)            a suit for the purposes of which an answer has been duly filed; or

(b)            a suit that includes proceedings instituted by application to the court under sub-rule (2) or (3) of rule 1 of Order III of these Rules, if a party has duly filed an affidavit in reply to the affidavit filed in support of that application;

(a)            instituted by a supplementary petition filed in relation to that petition;

(b)            instituted by an answer or supplementary answer to that petition or to a supplementary petition so filed ; or

(c)            ordered by the court under rule 38 of this Order of these Rules, or deemed by Order XIV rule 3 or 25 of these Rules, to have been consolidated with any proceedings so instituted, but does not include proceedings for an order pending the disposal of other proceedings,

3.     (1)            Subject to this rule, in a defended suit, the pleadings are complete for the purposes of this Order when the pleadings between the petitioner and respondent are complete.

(2)            Where, in a defended suit, a person has been specified in a pleading as a person with or on whom the petitioner or the respondent is alleged to have committed adultery, rape or sodomy, the pleadings are not complete for the purposes of this Order unless the pleadings between the petitioner and the respondent (as the case may be) and the person so specified are complete.

(3)            Where a petitioner in a defended suit has filed a supplementary petition, the pleadings are not complete for the purposes of this Order unless the pleadings in relation to the petition are complete and, in addition, the pleadings in relation to the supplementary petition are complete.

(4)            For the purposes of this rule, the pleadings between two parties to suit are complete-

(a)            if a pleading filed on behalf of one of those parties in reply to a pleading filed on behalf of the other party does not contain any allegations of fact

(b)            if the time limited for the filing, on behalf of one of those parties, of a pleading in reply to a pleading filed on behalf of the other party has expired and the pleading in reply has not been filed ; or

(c)            if a court has dispensed with service of a pleading, being the petition or answer in the proceedings, on one of those parties.

(5)            For the purposes of sub-rule (4) of this rule a person on whom a petitioner or respondent is alleged to have committed rape or sodomy but who has not intervened in the suit shall be deemed to be a party to the suit.

4.     (1)            A person on whom service of a pleading has been effected, being a person who is a party to the proceedings for the purpose of which the pleading was filed or who is entitled to intervene in the proceedings under sub-section (2) of section 32 of the Act or under rule 6 or 7 of Order IX of these Rules, may serve on the party on whose behalf the pleading was filed a request to give further particulars of an allegation in the pleading.

(2)            A party on whom a request under sub-rule (1) of this rule is served shall, within ten days after service of the request on him, give to the person who served the request-

(a)            the further particulars of the allegation requested or the grounds on which he objects to giving, or is unable to give, the further particulars ; or

(b)            such further particulars of the allegation as he is willing and able to give and the grounds on which he objects to giving, or is unable to give, any other particulars of the allegation.

(3)            The court may, upon application made by a person who has served a request under sub-rule (1) of this rule for further particulars of an allegation in a pleading or who is entitled to serve such a request, order the party on whose behalf the pleading was filed to give further particulars of an allegation in the pleading within a time specified in the order, and may further order-

(a)            that the party shall not continue the proceedings until the further particulars are given or the court otherwise orders ; or

(b)            that, if further particulars of the allegation are not given within the time so specified, the allegation be struck out of the pleading.

(4)            Further particulars of an allegation in a pleading shall be given by a party, whether in pursuance of a request or of an order, by filing an affidavit to which a document containing the further particulars is annexed, being an affidavit by which the party-

(a)            verifies the facts contained in the further particulars of which he has personal knowledge ; and

(b)            deposes as to his belief in the truth of every other fact contained in the further particulars,

(5)            Where further particulars are given in pursuance of a request, a copy of the request shall be annexed to the affidavit filed in pursuance of sub-rule (4) of this rule.

(6)            Where the court makes an order under sub-rule (3) of this rule, the court shall not make an order with respect to the costs of the application in favour of the applicant unless the court is satisfied-

(a)            that the application was made in a case of urgency ; or

(b)            that the applicant had served on the party on whose behalf the pleading was filed a request under sub-rule (1) of this rule and that that party-

(i)             failed to comply with the provisions of sub-rule (2) of this rule ; or

(ii)            complied with those provisions by stating that he objected to giving, or was unable to give, some or all of the further particulars requested.

5.     (1)            A party to proceedings who has filed a pleading for the purposes of the proceedings may-

(a)            after the pleadings in the proceedings have been completed and before the proceedings have been set down for trial ; or

(b)           by leave of the court, after the proceedings have been set down for trial,

(2)            For the purposes of sub-rule (1) of this rule, a person who has intervened in proceedings under Part III of the Act shall be deemed to be a party to the proceedings who has filed a pleading for the purpose of the proceedings.

(3)            A request under this rule shall be in accordance with Form 24.

(4)            A party to proceedings on whom a request under this rule has been served shall make discovery of documents by filing an affidavit of discovery, and serving a copy of the affidavit on the parry who made the request, within ten days after service of the request on him.

(5)            Where the court, upon application made by a party to proceedings, is satisfied that-

(a)            the party has duly served, or is entitled to serve, a request under this rule ; or

(b)            the application was made in a case of urgency and in such circum-stances that the party would require leave to serve a request under this rule but had not applied for such leave,

(6)            Where the court makes an order under sub-rule (5) of this rule the court shall not make an order with respect to the costs of the application in favour of the applicant unless the court is satisfied-

(a)            that the application was made in a case of urgency ; or

(b)            that the applicant had served a request under this rule on the party ordered to make discovery and that that party refused or failed to comply with the provisions of sub-rule (4) of this rule.

(7)            Where an order has been made requiring a person to file an affidavit of discovery, the person shall, within ten days of the date of the order or within such other time as the court orders, file the affidavit and serve a copy of the affidavit on the applicant for the order.

6.     (1)            Subject to any order made under the last preceding rule of this discovery. Order in a particular case, a party's affidavit of discovery shall-

(a)            specify the documents relating to matters in question in the proceedings that are in the possession, custody or power of the party;

(b)            specify the documents relating to matters in question in the proceedings that are not but have been in the possession, custody or power of the party and state, to the best of the knowledge and belief of the party; whether they are still in existence and, if so, who has possession of them;

(c)            specify the documents that he objects to produce upon the ground that the documents are-

(i)             professional communications of a confidential character made to the party by his legal practitioner, or made by the party to his legal practitioner, for the purpose of giving him legal advice

(ii)            cases for the opinion of legal practitioner, instructions to legal practitioner or opinions of legal practitioner prepared and given in anticipation of or during the progress of the proceedings

(iii)           letters or copies of letters from the party to his legal practitioner, from the legal practitioner to the party or from his legal practitioner to another person in anticipation of or during the progress of the proceedings ; or

(iv)           drafts or memoranda made by the counsel or solicitor to the party for the purpose of the proceedings;

(d)            specify the documents that he objects to produce on any other ground and the ground on which he so objects; and

(e)            state that he has not at the time of swearing the affidavit and has never had in his possession, custody or power, or in the possession, custody or power of a legal practitioner agent or other person on his behalf-

(i)             any deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing that relates to matters in question in the proceedings or in which an entry relating to such a matter has been made ; or

(ii)            a copy of or extract from any such deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing,

(2)            In an affidavit of discovery it is not necessary to specify each letter from a person to another person, but it is sufficient to specify the number of letters from the person to the other person and the dates of the first such letter and last such letter, respectively.

(3)            Where the specifying in an affidavit of discovery of documents in respect of which privilege is claimed would derogate from the privilege attaching to documents, it is not necessary to specify each of the documents in the affidavit but it is sufficient if-

(a)            the documents are tied in a bundle that is marked as an exhibit to the affidavit and are referred to in the affidavit as the documents in that bundle;

(b)            the number of documents in that bundle is stated in the affidavit; and

(c)            the documents in that bundle are numbered consecutively and each of those documents is initiated by the person before whom the affidavit is sworn.

(4)            An affidavit of discovery shall be in accordance with Form 25.

(2)            An order shall not be made under sub-rule (1) of this rule unless the applicant for the order has, in an affidavit filed in support of the application, deposed that he believes that the party has, or has had, the document, or a document included in the class of documents, in his possession, custody or power and that the document relates to a matter in question in the proceedings, and has set forth in the affidavit the grounds on which he so believes.

(3)            An order may be made under sub-rule (1) of this rule whether or not an affidavit of discovery has been filed by the party to whom the order is directed and whether or not that party has been requested or ordered under rule 5 of this Order to file such an affidavit.

(a)            a party to proceedings has filed an affidavit of discovery;

(b)           a document relating to matters in question in the proceedings was, or the time the party swore the affidavit, in the possession, custody or power of the party or such a document was not at that time, but had been in the possession, custody or power of the party ; and

(c)            the document was not specified or referred to in that affidavit of discovery or in another affidavit of discovery filed by the party in pursuance of an order of the court,

9.     (1)            Subject to sub-rule (2) of this rule a party to proceedings may, by notice in writing to another party, request the other party to procedure, for inspection by the party giving the notice, a document specified in the notice, being a document that is referred to in a pleading or affidavit tiled on behalf of that other party or in further particulars given by that party in pursuance of a request or order under rule 4 of this Order.

(2)            A document referred to in an affidavit of discovery filed behalf of a party shall not be specified in a notice given to the party under sub- rule (1) of this rule if, in the affidavit, the party

(a)            objected to producing the document on a ground stated in the affidavit ; or

(b)            stated that the document was not in his possession, custody or power.

(3)            A party to whom a notice under sub-rule (1) of this rule has been given shall, within four days after receipt of the notice, specify in writing to the party who gave the notice-

(a)            the ground on which he objects to the production of document specified in the notice ; or

(b)            the time and place at which he will produce the document for inspection.

(4)            A document produced for inspection in pursuance of a notice under sub-rule (1) of this rule may be inspected and copied by the party in writing it is produced or by his legal practitioner.

(5)            Where a party to proceedings to whom a notice to produce a document has been given tinder sub-rule (1) of this rule fails to produce the document for inspection and copying, the party is not entitled, except by leave of the court, to put the document or a copy of the document in evidence, or to furnish or cause to he furnished evidence of the document, at die trial of the proceedings.

10.   (1)            The court may, upon application made by a party to proceedings who has duly served a request tinder the last preceding rule or who is entitled to serve such a request, order another parry to the proceedings to produce, at such time and place as the court thinks fit and specifies in the order, a document that was specified or could be specified in such a request.

(2)           Where the court makes an order for the production of a document by a party under sub-rule (1) of this rule, the court shall not make an order with respect to the costs of the application in favour of the applicant unless the court is satisfied that-

(a)            the application was made in a case of urgency ; or

(b)            the applicant had requested the party to produce the document under sub-rule (1) of this rule and the party-

(i)             did not comply with sub-rule (3) of that rule

(ii)            objected to produce the document

(iii)           specified a nine for the production of the document that was more than ten days after the making of the request

(iv)           did not specify a place at which he would produce the document-

(A)           that, in the case of a document, he4ng a hook in constant use for the purposes of trade or business, is the place at which the book is usually kept or;

(B)           that, in the case of any other document, is the office of the legal practitioner (if any) representing the applicant or is a place that is reasonably near the entire premises or;

(v)           did not produce the document at the time and place specified.

1l.   (1)            Where a court is satisfied that a document relevant to a matter in question in proceedings is in the possession, custody or power of a party rite proceedings and that the party is not excused by law from producing the document for inspection by another party, the court may order the first-mentioned party to produce the document, at a tune and place specified in the order, for inspection by that other party.

(2)            An order under sub-rule (1) of this rule shall not be made in respect of a document that could be specified in a notice under rule 9 of this Order.

12.   (1)            Instead of ordering a party to proceedings to produce a book used for the purposes of trade or business, a court may order the party to furnish a copy of an entry in the hook verified as a true copy of the entry by the affidavit of a person who has compared the copy with the entry of which it purports to be a copy.

(2)            Where an entry in a book contains an erasure, alteration or interlineation and a copy of the entry is furnished in pursuance of an order referred to in sub-rule (1) of this rule, the copy shall he deemed not to have been verified as a true copy of the entry unless particulars of the erasure, alteration to interlineation are clearly shown in the Copy or set forth in the affidavit of the person who compared the copy with the entry of which it purports to be a copy.

(3)            An order for the production may be made by a court notwithstanding that a copy of an entry in the hook has been furnished in pursuance of an order of the court.

13.   (1)            A party to proceeding who is requested or ordered under these Rules to make discovery of documents or to produce documents is not excused from making discovery of or producing a particular document by reason only of the fact-

(a)            that the document relates solely to, and does not tend to impeach, the case of the party and that the document does not relate to, or tend to support, the case of the party to whom the discovery of documents is to be made or documents are to be produced, as the case may be

(b)            that there is, in the document, an admission by the party that he has committed adultery proof of which would be material to the decision in the suit ; or

(c)            that there is, in the document, any statement or other matter tending to show that the party has committed adultery proof of which would be material to the decision in the suit.

(2)            Where, upon application for an order for the production of documents, a respondent to the application claims that he is excused, by reason of privilege, from producing a particular document, the court may require the respondent to produce that document to the court, and the court may inspect the document for the purpose of determining whether the respondent is so excused.

(a)            if the party is the petitioner-the proceedings instituted by the petition be stayed or dismissed for want of prosecution

(b)            if the party is the respondent-

(i)             any proceedings instituted by him by an answer to the petition and any other proceedings instituted by him in relation to proceedings instituted by the petition, be stayed or dismissed for want of prosecution; and

(ii)           any proceedings instituted by the petition may be continued by the petitioner as if the answer had not been filed ; or

(c)            if the party is any other party-his answer or reply, as the case may be, be struck out.

16.   (1)            A party to proceedings may file an admission of the truth of a fact alleged in the proceedings by another party.

(2)            Where a party files an admission under sub-rule (1) of this rule, a copy of the admission shall be served on each other parry to the proceedings who has filed a pleading for the purpose of the proceedings.

17.   (1)            A party to proceedings may at any time not later than ten days before the trial of the proceedings by notice in accordance with Form 26 serve on another party to the proceedings, call upon that other party to make the admissions with respect to a document that are indicated in that form, and that other party may, by notice served on the first-mentioned party, make such of those admissions as he is willing to make.

(2)            If the other party desires to challenge the authenticity of the document, the party shall, within seven days after service on him of the notice to admit serve on the party giving the notice a notice that he does not admit the document and requires it to be proved at the trial.

(3)            If the other party refuses or fails to serve notice under sub-rule (2) of this rule within the time prescribed by that sub-rule and fails to serve, before the trial of the proceedings, a notice under sub-rule (1) of this rule, the party shall be deemed to have made the admissions indicated in the notice served on him, unless the court otherwise orders.

(4)            Where a party to proceedings does not admit a document after service on him of a notice under sub-rule (1) of this rule, the costs of proving the document shall, unless the court certifies that the refusal to admit was reason-able, be payable by the party.

(5)            Where a notice to admit a document has not been given by a party to proceedings, the party is not entitled to the costs of proving the document unless the taxing officer is of the opinion that the omission to give the notice saved expense.

(6)            An admission made or deemed to have been made under this rule with respect to a document does not prevent the party who made or is deemed to have made the admission from objecting to the admission of the document in evidence on a ground that is not inconsistent with his admission.

18.   (1)            Subject to sub-rule (5) of this rule, a party to proceedings may at any time not later than ten days before the trial of the proceedings, by notice in writing served on another party to the proceedings, call upon the other party to admit, for the purpose of the proceedings, any specific fact or facts mentioned in the notice and that other party may, by notice in writing, admit the fact or any of those facts.

(2)            If the party on whom a notice to admit has been served refuses or fails to admit in writing a fact mentioned in the notice within seven days after service of the notice on the party, or within such further time as is allowed by the court, the court may order that party to pay the costs of proving the fact.

(3)            An admission made by a party to proceedings in pursuance of a notice to admit served under sub-rule (1) of this rule shall be deemed to be made only for the purpose of the proceedings and shall not be used-

(a)            against the party in any other proceedings ; or

(b)            in favour of any person other than the party giving the notice

(4)            A court may at any time allow the party to amend or withdraw an admission made under this rule upon such terms as the court thinks fit.

(5)            Nothing in this rule shall be deemed to authorize a parry to proceedings to call upon another party to admit a fact which that other party has denied in a pleading filed for the purpose of the proceedings.

(6)            A notice referred to in sub-rule (1) of this rule shall be in accordance Forms 27, with and an admission of a fact in answer to such a notice shall be in writing and in accordance with Form 28.

(7)            An admission made under this rule with respect to a fact does not prevent the party who made the admission from objecting to the admission of the fact in evidence on a ground that is not inconsistent with his admission.

20.   (1)            A party to proceedings may, by notice in writing served on another party to the proceedings, require the other party to produce, at the trial of the proceedings, a document specified in the notice, being a document that is in the possession, custody or power of that other party.

(2)           A notice referred to in sub-rule (1) of this rule shall he in accordance with Form 29.

21.  (1)            This rule applies to proceedings for a decree of nullity of marriage on the ground that a party to the marriage is incapable of con-summating the marriage.

(2)            In proceedings to which this rule applies, the petitioner or respondent may make application to a court for an order under sub-rule (4) of this rule.

(3)            An application referred to in sub-rule (2) of this rule shall not be made to a court-

(a)            if the petitioner in the proceedings is seeking the decree of nullity of marriage before the time limited for the filing of an answer by the respondent has expired or, if the respondent files an answer before the expiration of that time, before the filing of an answer by the respondent or

(b)            if the respondent in the proceedings is seeking the decree-before the time limited for the filing of a reply by the petitioner has expired or, if the petitioner files a reply before the expiration of that time, before the filing of a reply by the petitioner.

(4)            Where, in proceedings to which this rule applies, application is made to a court for an order under this sub-rule, the court may, by order-

(a)            appoint a medical inspector or two medical inspectors to examine the petitioner and respondent;

(b)            appoint a medical inspector or two medical inspectors to examine the petitioner, and another medical inspector or two other medical inspectors to examine the respondent

(c)            appoint a medical inspector or two medical inspectors to examine either the petitioner or the respondent and dispense with the examination of the other of those parties or

(d)            dispense with the examination of the petitioner and respondent by a medical inspector appointed by a court.

(a)            appoint a medical inspector or two medical inspectors to examine the parties, or a parry, to the marriage ; or

(b)            appoint a medical inspector or two medical inspectors to examine one of those parties and another medical inspector or two other medical inspectors to examine the other party.

24.   (1)            Where, under rule 21, 22 or 23 of this Order, an order has been made, upon application by the petitioner in proceedings, for the appointment of a medical inspector to examine the respondent in the proceedings, the petitioner shall cause a copy of the order to be served on the respondent.

(2)            Where, under rule 21, 22 or 23 of this Order, an order has been made, upon application by the respondent in proceedings, for the appointment of a medical inspector to examine the petitioner in the proceedings, the respondent shall cause a copy of the order to be served on the petitioner.

(3)            Where, upon the trial of proceedings, a court has of its own motion made an order under rule 22 of this Order of these Rules for the appointment of a medical inspector to examine a party, being the petitioner or the respondent, to the proceedings and the party was not before the court at the tune when the order was made, another party, being the respondent or petitioner, to the proceedings who was before the court either in person or by his legal practitioner at that time shall cause a copy of the order to be served on the first-mentioned party.

(4)            Service of a copy of an order referred to In any of the proceeding sub-rules of this rule shall be deemed not to have been duly effected on a party on whom it is required to be served1 unless-

(a)            a notice specifying the time, day and place appointed by the medical inspector for the examination of the party is served on the party at the same time as the copy of the order is served ; and

(b)            there are at least seven clear days between service of the notice and the day specified in the notice for the examination of the party.

(5)            Unless the court otherwise orders service of a copy of an order referred to in this rule and of a notice referred to in sub-rule (4) of this rule shall not be effected otherwise than in a manner specified in paragraph (a), (b) or (c) of Order VI rule l of these Rules.

25.   (1)            A medical inspector appointed under this Part to examine a person shall not carry out the examination unless the medical inspector has made and subscribed, before the registrar of the High Court of a State or the Federal Capital Territory or before a person authorized by such a court for the purpose, an oath, in accordance with a form approved by the court that he will well and truly examine any person who submits himself for examination in accordance with an order made under this Part, and will make to the appropriate court a correct report of the examination.

(2)            Before a person is examined by a medical inspector appointed under these Rules

(a)            the person shall satisfy the medical inspector as to his identity by being identified by a legal practitioner or, if he is not represented by a legal practitioner, by some other credible person ; and

(b)            the person, and the legal practitioner or credible person by whom he is identified shall each write his address and sign his name on a paper in the presence of the medical inspector who shall also sign his name on the paper and annex it to the report of the result of the examination.

26.   (1)           When a medical inspector appointed under these Rules to examine a person has examined the person, the medical inspector shall report the result of the examination to the court.

(2)            When a party to proceedings has failed to submit to examination by the medical inspector appointed under these Rules to examine him or has failed to comply with rule 25 of this Order, the medical inspector shall report to the court accordingly.

(3)            A report referred to in either sub-rule (I) or (2) of this rule shall be forwarded by the medical inspector to the registrar of the court.

(4)            A report referred to in sub-rule (1) or (2) of this rule shall be filed

(a)            if the order appointing the medical inspector was made on the application of a party to proceedings by that party; or

(b)            if the order appointing the medical inspector was made by the court of its own motion-by the petitioner in the proceedings or, if the petitioner was not before the court, either in person or by his legal practitioner, when the order was made, by the respondent in the proceedings.

(5)            Each party to the proceedings is, upon request to the registrar, entitled to be furnished with a copy of the report.

27.   (1)            Proceedings to which rule 21 of this Order applies shall not be set down for trial unless-

(a)            application has been made to a court under that rule; and

(b)            except in a case where the examination of the petitioner and respondent by a medical practitioner appointed under that rule has been dispensed with-the provisions of rules 24 and 26 of this Order have been complied with.

(2)            Where, in proceedings to which rule 23 of this Order applies, the court has, under that rule, appointed a medical inspector or two medical inspectors to examine the parties or a party, the proceedings shall not be set down for trial unless the provisions of rules 24 and 26 of this Order have been complied with.

(3)            Where, in proceedings referred to in sub-rules (1) or (2) of this rule a copy of an order appointing a medical inspector to examine a party to the proceedings is required, under rule 24 of this Order to be served on the party, the proceedings shall not be set down for trial unless-

(a)            a report of the result of the medical examination of the party has been filed; or

(b)             proof, by affidavit, of the due service of a copy of the order on the party has been filed.

28.   (1)            A petitioner or respondent in proceedings-

(a)            who is seeking a decree of dissolution of marriage on a ground specified in any of paragraphs (a) to kg), inclusive, of section 15(2) of the Act or a decree of judicial separation under section 39 thereof on a ground specified in any of paragraphs (a) to kg), inclusive, of the said section 15(2), and

(b)            who has committed adultery since the marriage, shall file a discretion statement-

(c)            if the adultery was committed before the filing of the petition or answer, as the case may be, by which the proceedings for the decree are instituted-at the time when the petition or answer is filed or

(d)            if the adultery was committed after the filing of that petition or answer but before the trial of the proceedings-as soon as practicable after committing the adultery.

29.   (1)            A discretion statement, which shall be in accordance with Form 30, shall state particulars of the acts of adultery committed by the petitioner or respondent, as the case may be, since the marriage (other than acts stated in any other discretion statement filed by him for the purposes of the proceedings), the circumstances giving rise to the commission of the act of adultery and the grounds upon which the court will be asked to wake a decree of dissolution of marriage or of judicial separation notwithstanding the adultery.

(2)            Where a petitioner or respondent alleges that an act of adultery set forth in his discretion statement has been condoned, he shall state in the discretion statement particulars of the facts that are alleged to constitute condonation of the adultery.

(3)            Where, in a discretion statement filed by a petitioner or respondent the petitioner or respondent states that he has committed adultery and that he and the person with whom he has committed adultery are living together as if they were husband and wife, it is not necessary for a further discretion statement to be filed setting forth particulars of any further acts of adultery committed by him with that person.

(4)            A discretion statement of a party to proceedings shall not be filed unless-

(a)                    it is signed by the party;

(b)            the matters set forth in it have been verified by the affidavit of the party written on it; and

(c)            it is enclosed in a sealed enveloped having written on it the words "Discretion Statement", the number of the proceedings and a certificate-

(i)             if the party is represented by a legal practitioner, signed by the legal practitioner; or

(ii)            if the party is not so represented-signed by the party, certifying that the statement is duly signed and verified, and that it bears the date on which it was signed.

30.   (1)           Where a discretion statement of a party to proceedings contains an allegation that the party's spouse has committed adultery or another matrimonial offence, not being adultery or an offence particulars of which have been included in a pleading filed on behalf of the party for the purposes of the proceedings, the party shall cause service of notice of the allegation to be effected on his spouse before the proceedings are set down for trial.

(2)            The court may, on the hearing of proceedings, excuse a party who has failed to serve notice of an allegation on his spouse in accordance with sub-rule (1) of this rule, if it is satisfied that the failure has not prejudiced the spouse in connection with the proceedings.

31.   (1)            Where a petitioner whose petition does not contain the statement referred to in rule 13 of Order V of these Rules files a discretion statement after the filing of his petition-

(a)            service of notice of his intention to ask the court to make the decree notwithstanding the facts and circumstances set out in the discretion statement shall be effected-

(i)             if the respondent has an address for service for the purpose of the proceedings or if the petitioner is claiming custody of a child of the marriage-on the respondent ; and

(ii)            if a party to the proceedings, other than the petitioner or respond-ent, has an a4dress for service for the purposes of the proceedings-on that party ; and

(b)            the legal practitioner for the petitioner, or, if the petitioner is not represented by a legal practitioner, the petitioner shall write on the petition, in red ink, immediately after the signature to the petition, a notation in accordance with the following form, and sign his name immediately under that notation

(2)            Where a petitioner is claiming custody of a child of the marriage and the respondent does not have an address for service, sub-rule (1) of this rule does not require the service of the notice on a respondent-

(a)            if the court dispensed with service of the petition on the respondent; or

(b)            if service of the petition was effected on the respondent by advertising notice of the petition, but in no other manner,

(3)            where service of a notice under sub-rule (1) of this rule is required to be effected on a respondent who does not have an address for service and the petition was served on the respondent in accordance with an order under rule 1 of Order VI of these Rules, service of the notice may be effected in the Same manner as service of the petition was effected, and service in that manner shall be deemed to be due service of the notice on the respondent.

(4)            where-

(a)            service of a notice under sub-rule (1) of this rule would be required to be effected on a respondent but for the fact that the court dispensed with service of the petition on the respondent ; and

(b)            the court, as a condition of dispensing with service of the petition on the respondent, required a copy of the petition to be sent to or served on some other person,

(5)            Sub-rule (1) of this rule applies to and in relation to a respondent who files a discretion statement after the filing of his answer as if-

(a)            references to a petitioner were references to a respondent

(b)            references to a petition were references to an answer ; and

(c)            references to a respondent were references to a petitioner.

32.   (1)           The court may, if it considers it proper so to do in the circum-stances of the particular case, require a discretion statement filed by a party to a suit to be tendered in evidence, read out in open court or produced for inspection by another party to the suit-

(a)            at any stage of the trial of the suit or

(b)           at any stage of the hearing of proceedings with respect to the custody of a child of the marriage to which the suit relates.

(2)            Except as provided in sub-rule (1) of this rule, a discretion statement is not open to inspection by a person other than the Attorney-General, or a person authorised in writing by the Attorney-General to inspect the discretion statement, without the leave of the court.

(3)            An authorization b} the Attorney-General under sub-rule (2) of this rule may be either general or in relation to a particular suit or class of suits.

(4)            In sub-rules (2) and (3) of this rule, references to the Attorney-General shall be read as including references to a person to whom the Attorney-General has, by a delegation that is in force, delegated all or any of his powers and functions under Part III of the Act.

(i)             the maintenance of a party to the proceedings;

(ii)            settlements

(iii)           the custody or guardianship of an infant child of the marriage to which the proceedings relate; or

(iv)          the maintenances of welfare, advancement or education of a child of that marriage,

(b)            a defended suit includes proceedings for a decree of dissolution of marriage or of nullity of a voidable marriage in a case where there are children of the marriage-

(i)             who are not likely to have attained the age of sixteen years before the decree is made ; or

(ii)            in relation to whom the petitioner or respondent has obtained or is seeking an order under subsection (3) of section 57 of the Act,