Notice of Intention not to call witnesses
43. In probate actions the party opposing a will may, with his defence, give notice to the party, setting up the will that he merely insists upon the will being proved in solemn form of law, and only intends to cross-examine the witness produced in support of the will, and he shall thereupon be at liberty to do so, and shall not, in any event, be liable to pay the costs of the other side, unless the Court shall be of opinion that there was no reasonable ground for opposing the will.