(3)In this connection the attention of presiding Judges is invited to the provisions of Order XII, Rules 2 and 4 of the Civil Procedure Code, of which use should be made on all appropriate occasions. These rules contain a mandatory provision that when a notice to admit (a) documents (Order XXI, Rule 2); or (b) facts (Order XII, Rule 4) has been served and the person so called upon has refused or neglected to admit, the subsequent costs of proving the documents or facts should be ordered to be paid by the party so neglecting or refusing if it appears that they should have been admitted, whatever the result of the suit may be; and further that no costs of proving the documents should be allowed unless notice to admit has been given to the opposite party except where the omission is, in the opinion of the Court, a saving of time. It is the duty of the presiding Judges to check, when signing decrees, that the above provisions of law have been given effect to in taxing costs.
