(2) Where more exhibits than one are rejected in the same action, they shall be numbered serially. (3) If the case goes on appeal, a list of such exhibits shall be transmitted to the appeal court. 26. (1) An exhibit shall not be released, after the trial, to the party who has put it in unless the period during which notice of appeal to the Court of Appeal may be given has elapsed without the notice having been given, and then only if the Judge who presided over the trial (or, in his absence, another Judge) grants leave to release that exhibit on being satisfied(a) that there will be no appeal; (b) that the exhibit will be kept duly marked and labelled and will be produced, if required, at the hearings of an appeal in the Court of Appeal (if any such appeal is lodge ); or (c) that the release of the exhibit will not in any way prejudice any other party. (2) After a notice of appeal to the Court of Appeal has been filed, an exhibit produced at the trial shall not be released by the High Court unless leave to release the exhibit is granted by the Court of Appeal. 27. (1) Any party may apply for and on payment of the prescribed fee, obtain an office copy of the list of exhibits for the purpose of an appeal to the Court of Appeal. (2) Where there is an appeal to the Court of Appeal, an office copy of the list of exhibits shall be included among the documents supplied to that Court for the purpose of the appeal. 28. (1) In cases where written pleadings have not been filed or the parties or either of them are incapable of understanding their effect with sufficient accuracy, the proceeding at the hearing shall be varied by the Court so far as may be necessary. (2) In particular, the statement of the defendant in defence where he does not admit the whole cause of action, shall be heard immediately after the plaintiff has concluded the statement of his claim and of the grounds thereof and before any witness is examined, unless in any case the Court directs otherwise. 29. The Judge may in all cases disallow any question put in cross-examination which appears to him to be vexatious and not relevant to any matter proper to be inquired into in the action. Order 38 Originating Summons Proceedings 1. Any person claiming to be interested under a deed, will or other written instrument may apply by originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested. 2. Any person claiming any legal or equitable right in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by originating summons for the determination of such question of construction, and for a declaration as to the right claimed. 3. The Court or a Judge in Chambers, may direct such persons to be served with the summons as it or he may think fit. 4. The Application shall be supported by such evidence as the Court or a Judge in chambers may require. 5. The Court or Judge in chambers, shall not be bound to determine any such question of construction if in its or his opinion it ought not to be determined on originating summons. 6. The Court by whom an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require, but where the Court makes an order under this rule against a defendant who does not