6. Writs of Summons: General Provisions.

6. Writs of Summons: General Provisions.
order 6. Writs of Summons: General Provisions 1.Form of writ. (O. 6 r. 1) Every writ must be in Form 2 or 3, whichever is appropriate. 2.Indorsement of claim.
(O. 6 r. 2) (1)Before a writ is issued it must be indorsed–
(a)with a statement of claim or, if the statement of claim is not indorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;
(b)where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant– (i)except in either of the cases mentioned in paragraph (2) pays the amount so claimed to the plaintiff or his solicitor; (ii)in either of the said cases, pays that amount into Court.
(2)The cases referred to in paragraph (1)(b) are– (a) a case where the plaintiff (or, if there are more plaintiffs than one, any of them) is resident outside the scheduled territories or is acting by order or on behalf of a person so resident; (b) a case where the defendant is making the payment by order or on behalf of a person so resident.
(3)A defendant who pays money into Court under this rule must give notice in Form 4 to the plaintiff or his solicitor. 3.Indorsement as to capacity. (O. 6 r. 3) (1)
Before a writ is issued it must be indorsed– (a) where the plaintiff sues in representative capacity, with a statement of the capacity in which he sues; (b)where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued.
(2)Before a writ is issued in an action brought by a plaintiff who in bringing it is acting by order or on behalf of a person resident outside the scheduled territories it must be indorsed with a statement of that fact and with the address of the person so resident.
4.Indorsement as to solicitor and address.
(O. 6 r. 4) (1) Before a writ is issued it must be indorsed–
(a)where the plaintiff sues by a solicitor, with the plaintiff’s address and the solicitor’s name or firm and a business address of his within the jurisdiction;
(b)where the plaintiff sues in person, with– (i)the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and (ii)his occupation.
(2)The address for service of a plaintiff shall be–
(a)where he sues by a solicitor, the business address of the solicitor indorsed on the writ;
(b)where he sues in person, the address within the jurisdiction indorsed on the writ.
(3)Where a solicitor’s name is indorsed on a writ, he must, if any defendant who has been served with or who has entered an appearance to the writ requests him in writing so to do, declare in writing whether the writ was issued by him or with his authority or privity.
(4)If a solicitor whose name is indorsed on a writ declares in writing that the writ was not issued by him or with his authority or privity, the Court may on the application of any defendant who has been served with or who has entered an appearance to the writ, stay all proceedings in the action begun by the writ.
5.Concurrent writ. (O. 6 r. 5)
(1)One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.
(2)Without prejudice to the generality of paragraph, (1), a writ for service within the jurisdiction may be issued as a concurrent writ with one, notice of which is to be served out of the jurisdiction and a writ notice of which is to be served out of the jurisdiction may be issued as a concurrent writ with one for service within the jurisdiction.
(3)A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.
(4)A concurrent writ must be marked by the Registrar with the word "Concurrent" and he shall sign and date the day of issue of the concurrent writ.
6.Issue of writ.
(O. 6 r. 6) (1)No writ notice of which is to be served out of the jurisdiction shall be issued without the leave of the Court.
(2)A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(3)The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the writ shall be deemed to be issued.
(4)The original writ must be filed in the Registry and an entry thereof made in the cause book.
7.Duration and renewal of writ.
(O. 6 r. 7) (1)For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 6 [PU 342/2000 w.e. f.22 Sept 2000] months, beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2)Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any) as the Court may allow. Subject to paragraph
(2A) , where efforts to serve a writ on a defendant have been unsuccessful, the Court may by order extend the validity of the writ twice (in Sabah and Sarawak thrice and in admiralty actions 5 times) , not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order. [Subs. PU(A)342/2000 w.e.f. 22 Sept 2000] (2A) An application for renewal must be made before the expiry of the writ, ex parte by summons, supported by affidavit showing that efforts have been made to serve the defendant within one month of the date of the issue of the writ and that efforts have been made subsequent thereto to effect service. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(3)Before a writ, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 5 showing the period for which the validity of the writ has been so extended.
(4)Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
(5)A note of the renewal must be entered in the cause book.