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23.—(1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 19 is served may within 21 days after service of the notice on him serve on the party who gave the notice a counter-notice requiring that party to call as a witness at the trial or hearing of the cause or matter any person (naming him) particulars of whom are contained in the notice.
(2) Where any notice under rule 19 contains a statement that any person particulars of whom are contained in the notice cannot or should not be called as a witness for the reason specified therein, a party shall not be entitled to serve a counter-notice under this rule requiring that person to be called as a witness at the trial or hearing of the cause or matter unless he contends that that person can or, as the case may be, should be called, and in that case he must include in his counter-notice a statement to that effect.
(3) Where a statement to which a notice under rule 19 relates is one to which rule 25 applies, no party on whom the notice is served shall be entitled to serve a counter-notice under this rule in relation to that statement, but the foregoing provision is without prejudice to the right of any party to apply to the Court under rule 25 for directions with respect to the admissibility of that statement.
(4) If any party to a cause or matter by whom a notice under rule 19 is served fails to comply with a counter-notice duly served on him under this rule, then, unless any of the reasons specified in rule 22 applies in relation to the person named in the counter-notice, and without prejudice to the powers of the Court under rule 26, the statement to which the notice under rule 19 relates shall not be admissable at the trial or hearing of the cause or matter as evidence of any fact stated therein by virtue of section 1 or 2 of the Civil Evidence Act, as the case may be.
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