5. If for any reason a judge hearing a cause or matter, and who has taken any step in the proceedings, considers it necessary, either at his own opinion or upon application of any party to the proceedings, to have the cause or matter transferred to another Judicial Division,, the judge shall refer the cause or matter to the Chief Judge who may direct that the matter be transferred to the appropriate Judicial Division in accordance with these Rules. Evidence of part-heard cause or matter. 4. Where a judge retires or is transferred to another Division and having part-heard a cause or matter which is being re-heard de novo by another judge, the evidence already given before the retired judge or the judge transferred out of the Division can be read at the re-hearing without the witness who had given it being recalled. But if the witness is dead or cannot be found, the onus of establishing that the witness is dead or cannot be found, shall lie on the party that wishes to use the evidence. Transfer of proceedings from the Court to a High Court. 5. Where a judge has in the exercise of the powers conferred by Section 22 (2) of the Act directed that any cause or matter be transferred to the High Court of a State or the Federal Capital Territory the judge shall make an order under his hand to that effect to the Chief judge of the High Court of the State of the federal capital territory to which the matter is to be transferred. Transmission of order and copies of entries to the appropriate High Court. 6. The Registrar shall forthwith send a copy of the order made under rule 5 above duly certified by him to the Registrar of the state High Court named in the order together with certified copies of all entries in the books of the court relating to the cause or matter in question. ORDER 50 WITHDRAWAL AND DISCONTINUANCE Withdrawal of appearance. 1. A party who has entered an appearance in an action may withdraw the appearance at any time with leave of the Court. Discontinuance of action without leave. 2. (1) The plaintiff in an action may, without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all the defendants at any time not later than fourteen days after service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned. (2) (a) A defendant may, without leave of CourtWithdraw his defence or any part of it at any time.