9.—(1) An application for an order under section 21(1) of the Administration of Justice Act 1969(1) in respect of property which may become the subject-matter of subsequent proceedings in the High Court or as to which any question may arise in any such proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the summons.
(2) An application after the commencement of proceedings for an order under section 32(2) of the Administration of Justice Act 1970(2) in respect of property which is not the property of or in the possession of any party to the proceedings shall be made by summons, which must be served oil the person against whom the order is sought personally and on every party to the proceedings other than the applicant.
(3) A summons under paragraph (1) or (2) shall be supported by affidavit which must specify or describe the property in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings or subsequent proceedings, that it is property which is or may become the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.
(4) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.
(5) An order made under the said section 21 or 32(2) may be made conditional on the applicant's giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just.
(6) No such order shall be made if it appears to the Court—
(a)that compliance with the order, if made, would result in the disclosure of information relating to a secret process, discovery or invention not in issue in" the proceedings, and
(b)that the application would have been refused on that ground if—
(i)in the case of a summons under paragraph (1), the subsequent proceedings had already been begun, or
(ii)in the case of a summons under paragraph (2); the person against whom the order is sought were a party to the proceedings.