8Application for such orders to be after notice.
Order 39, Rule 8
(1) An application by the plaintiff for an order under rule 6 or rule 7 may be made 1*** at any time after institution of the suit.
(2) An application by the defendant for a like order may be made 2*** at any time after appearance.
3[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.]
1 The words “after notice to the defendant” omitted by Act 104 of 1976, s. 86. (w.e.f. 1-2-1977).
2 The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).
3 Ins. by s. 86, ibid. (w.e.f. 1-2-1977).