Sunday, July 15, 2007

9. Petitions: General Provisions.

9. Petitions: General Provisions.
order 9. Petitions: General Provisions
1.Application. (O. 9 r. 1) Rules 2 and 3 apply to petitions by which civil proceedings in the High Court are begun, subject, in the case of petitions of any particular class, to any special provision relating to petitions of that class made by these rules or by or under any written law.


2.Contents of petition. (O. 9 r. 2)
(1)Every petition must include a concise statement of the nature of the claim made or the relief or remedy required in the proceedings begun thereby.
(1A) Order 7, rule 2(1a) , shall apply in relation to a petition as it applies in relation to an originating summons. Every petition must include at the end thereof a statement of the names of the persons, if any, required to be served therewith or, if no person is required to be served, a statement to that effect.
(3)Order 6, rule 4, shall, with the necessary modifications, apply in relation to a petition as it applies in relation to a writ.

3.Fixing time for hearing petition. (O. 9 r. 3)
(1)A day and time for the hearing of a petition which is required to be heard shall be fixed by the Registrar.
(1A) So far as may be practicable, the Court shall fix the date of hearing of a petition not later than 3 months from the issue of the petition.
(2)Unless the Court otherwise directs, a petition which is required to be served on any person must be served on him not less than 7 days before the day fixed for the hearing of the petition.



4.Certain applications not to be made by petition.
(O. 9 r. 4) No application in any cause or matter may be made by petition.

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