ABBOTT Vs. ABBOTT AND CRUMP

JUDGEMENT

(1.) The conclusion at which I arrive is that the written statement of the co-respondent cannot be removed from the file. All the procedure under the Divorce Act is, by section 45, to be regulated by Act VIII of 1859. and section 7 of the Divorce Act applies not to points of procedure, but to the general principles and rules on which the Court is to act and give relief. By section 120 of Act VIII, the parties may tender written statements at the first hearing of the suit. Section 122 gives the Court power to order written statements; and in practice written statements are usually filed by order of the Court. When filed by order of Court, all questions arising as to the time and manner of filing them are governed by the 39th and subsequent rules of Court relating to written statements. By an omission no provision baa been made for other written statements than those filed by order of Court. There is consequently nothing in the rules of Court, or the Civil Procedure Code, which makes it compulsory on a party who tenders a written statement of his own accord, to present it before the first hearing of the suit. The co-respondent's written statement having been received in the Registrar's office some days ago, and being now presented to me by him in person, cannot now be refused by me, or be taken off the file. Mr. Hyde's application is refused, but Mr. Hyde is entitled to an adjournment if he wishes it, in order to enable him to meet the case set up.