10. (1) Every action for infringement of a patent or a design shall be commenced by a writ of summons. (2) In an action for infringement of a patent or a design (whether or not any other relief is claimed) and in proceedings by petition for the revocation of a patent or design­ the plaintiff or petitioner shall within one month after service of a reply or answer or after the expiration of the period fixed for service thereof, take out a summons for directions as to the place and mode of trial returnable in not less than twenty-one days; and if the plaintiff or petitioner does not take out a summons in accordance with paragraph (a) of this sub-rule, the defendant or respondent, as the case may be, may do so, and the summons may be heard in chambers or in Court as the Court thinks fit. (a) (b) (3) (a) (b) (c) (d) (e) (f) (g) (h) The Court hearing a summons under this rule may give directions for­ The service of further pleadings or particulars; The discovery of documents; Securing the making of admission; The service of interrogatories and of answers thereto The taking by affidavit, of evidence relating to matters requiring expert knowledge, and for the filing of such affidavits and the service of copies thereof on the other parties; the service on the other parties, by any party desiring to submit experimental proof, of full and precise particulars of the experiments proposed and of the facts which he claims to be able to establish thereby; The making of experiments, tests, inspections or reports; the hearing, as a preliminary issue, of any question that may arise (including any question as to the construction of the specification or other documents), or as the Court thinks necessary or expedient for the purpose of defining and limiting the issue to be tried, restricting the number of witnesses to be called at the trial of any particular issue and otherwise securing that the case shall be disposed of, consistently with adequate hearing, in the most expeditious manner. (4) Where evidence is directed to be given by affidavit, the deponent shall attend at the trial for cross-examination unless, with the concurrence of the Court, the parties otherwise agree. (5) On the hearing of a summons under this rule the Court shall consider, if necessary of its own motion, whether an expert shall be appointed under rule 11 to assist the Court. (6) No action for infringement or petition for the revocation of a patent or design shall be set down for trial unless and until a summons under this rule in the action or proceedings, has been taken out and the directions given on the summons have been carried out or the time fixed by the Court for carrying them out has expired. Appointment of expert. 11. ( 1 ) In any proceeding under the Patents and Designs Act, the Court may at any time, and on or without the application of any party, appoint an expert to assist the Court by inquiring and reporting on any question of fact or of opinion not involving a question of law or construction as the Court may direct. ( 2) The c our t ma y no m i na t e t he e xpe r t a nd, whe r e appropriate, settle any question or instructions to be submitted or given to him.