Sunday, July 15, 2007

7.Oringinating Summonses: General Provisions

7. Originating Summonses: General Provisions.
order 7. Originating Summonses: General Provisions 1.Application. (O. 7 r. 1) The provisions of this Order apply to all originating summonses subject, in the case of originating summonses of any particular class, to any special provisions relating to originating summonses of that class made by these rules or by or under any written law.
2.Form of summons etc. (O. 7 r. 2)
(1) Every originating summons must be in Form 6, 7 or 8 whichever is appropriate.
(1A) Every originating summons shall state in its intitulement the particular rule of Court and provisions of written law under which the Court is being moved. [Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
(2)The party taking out an originating summons (other than an ex parte summons) shall be described as a plaintiff, and the other parties shall be described as defendants.

3.Contents of summons. (O. 7 r. 3)
(1)Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the High Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.
(2)Order 6, rules 3 and 4, shall apply in relation to an originating summons as they apply in relation to a writ.

4.Concurrent summons.
(O. 7 r. 4) Order 6, rule 5, shall apply in relation to an originating summons as it applies in relation to a writ.

5.Issue of summons. (O. 7 r. 5) Order 6, rule 6, shall apply in relation to an originating summons as it applies in relation to a writ.

6.Duration and renewal of summons. (O. 7 r. 6) Order 6, rule 7, shall apply in relation to an originating summons as it applies in relation to a writ.

7.Ex parte originating summons. (O. 7 r. 7) (1)Rules 2(1),(1A),3(1) and 5 shall, so far as applicable, apply to ex parte originating summonses; but, save as aforesaid, the foregoing rules of this Order shall not apply to ex parte originating summonses. [Ins. PU(A)342/2000 w.ef. 22 Sept 2000] (2)Order 6, rule 6(3) shall, with the necessary modifications, apply in relation to an ex parte originating summons as they apply in relation to a writ.

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