60. The Registry.
ORDER 60
THE REGISTRY
1. Distribution of business. (O. 60 r. 1)
The Registry shall be divided into such departments, and the business performed in the Registry shall be distributed among the departments in such manner, as the Chief Justice may direct.
2. Books to be kept in the Registry. (O. 60 r. 2)
The Registrar shall cause to be kept in Forms 119 to 134 the following:–
(a) a Cause Book;
(b) an Originating Summons Book;
(c) an Originating Motion Book;
(d) an Interpleader Summons Book;
(e) a Summons in Chambers Book;
(f) a Judgment Book;
(g) Writs of Execution Book;
(h) a Distress Book;
(i) a Probate Book;
(j) a Caveat Book;
(k) a Service Book;
(l) an Adoption Book;
(m) an Accountant-General’s Direction Book;
(n) an Index of Wills;
(o) a Register of Appeals to the Supreme Court;
(p) a Register of Appeals from the Subordinate Courts and statutory bodies; and
(q) such account books and other books as are prescribed or required to be kept by these rules and such other books as may from time to time be found necessary.
3. Date of filing to be marked, etc. (O. 60 r. 3)
(1) Any document filed in the Registry in any proceedings must be sealed with a seal showing the date on which the document was filed and any document not required by these rules to be sealed must show the date on which it was filed.
(2) Particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the cause or matter of which the document forms part of the record shall be entered in books kept in the Registry for the purpose.
4. Right to inspect, etc. certain documents filed in Registry. (O. 60 r. 4)
(1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Registry, namely–
(a) the copy of any writ of summons or other originating process;
(b) any judgment or order given or made in Court or the copy of any such judgment or order; and
(c) with the leave of the Registrar any other document.
(2) Nothing in the foregoing provision shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in the Registry in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.
5. Deposit of document. (O. 60 r. 5)
Where the Court orders any documents to be lodged in Court, then, unless the order directs that the documents be so lodged by being deposited with the Accountant-General, the documents must be deposited in the Registry.
6. Filing of instruments creating powers of attorney. (O. 60 r. 6)
(1) An instrument creating a power of attorney which is presented for deposit in the Registry under–
(a) section 30 of the Trustee Act, 1949 (Act 208), or
(b) section 4 of the Powers of Attorney Ordinance 1949 (Ord. 64/69),
shall not be deposited therein unless the execution of the instrument has been verified in accordance with rule 7 and the instrument is accompanied–
(i) except where rule 7(b) applies, by the affidavit, declaration, certificate or other evidence by which the execution was verified;
(ii) in the case of an instrument presented for filing under the said section 30, by the statutory declaration required by subsection 4 of that section.
(2) Without prejudice to the said section 4, a certified copy of an instrument creating a power of attorney which is presented for deposit in the Registry under the said section shall not be deposited therein unless–
(a) the execution of the instrument has been verified in accordance with rule 7;
(b) the signature of the person who certified the copy is sufficiently verified; and
(c) except where rule 7(b) applies and subject to paragraph (3), the copy is accompanied by the affidavit, declaration, certificate or other evidence by which the execution was verified.
(3) If the affidavit, declaration, certificate or other evidence verifying the execution of the instrument is so bound up with or attached to the instrument that they cannot conveniently be separated, it shall be sufficient for the purpose of paragraph (2) to produce and show to the proper officer in the Registry the original affidavit, declaration, certificate or other evidence and to file a certified or office copy thereof.
7. Verification of execution of power of attorney. (O. 60 r. 7)
The execution of such an instrument or statutory declaration as is referred to in rule 6(1) may be verified–
(a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the instrument was executed, or, if no such person is available, by some impartial person who knows the signature of the donor of the power of attorney created by the instrument; or
(b) if the instrument was attested by a Commissioner for Oaths, by the signature of the Commissioner as attesting witness; or
(c) by such other evidence as, in the opinion of the Registrar is sufficient.
8. Inspection, etc. of powers of attorney. (O. 60 r. 8)
(1) An index shall be kept in the Registry of all instruments and certified copies to which rule 6 relates deposited in the Registry and of the names of the donors of the powers of attorney created by such instruments.
(2) Any person shall, on payment of the prescribed fee, be entitled–
(a) to search the index;
(b) to inspect any document filed or deposited in the Registry in accordance with rule 6; and
(c) to be supplied with an office copy of any such document; and a copy of any such document may be presented at the Registry to be marked as an office copy.
9. Restriction on removal of documents. (O. 60 r. 9)
No document filed in or in the custody of the Registry shall be taken out of it without the leave of the Court unless the document is to be sent to a Subordinate Court.
ORDER 60
THE REGISTRY
1. Distribution of business. (O. 60 r. 1)
The Registry shall be divided into such departments, and the business performed in the Registry shall be distributed among the departments in such manner, as the Chief Justice may direct.
2. Books to be kept in the Registry. (O. 60 r. 2)
The Registrar shall cause to be kept in Forms 119 to 134 the following:–
(a) a Cause Book;
(b) an Originating Summons Book;
(c) an Originating Motion Book;
(d) an Interpleader Summons Book;
(e) a Summons in Chambers Book;
(f) a Judgment Book;
(g) Writs of Execution Book;
(h) a Distress Book;
(i) a Probate Book;
(j) a Caveat Book;
(k) a Service Book;
(l) an Adoption Book;
(m) an Accountant-General’s Direction Book;
(n) an Index of Wills;
(o) a Register of Appeals to the Supreme Court;
(p) a Register of Appeals from the Subordinate Courts and statutory bodies; and
(q) such account books and other books as are prescribed or required to be kept by these rules and such other books as may from time to time be found necessary.
3. Date of filing to be marked, etc. (O. 60 r. 3)
(1) Any document filed in the Registry in any proceedings must be sealed with a seal showing the date on which the document was filed and any document not required by these rules to be sealed must show the date on which it was filed.
(2) Particulars of the time of delivery at the Registry of any document for filing, the date of the document and the title of the cause or matter of which the document forms part of the record shall be entered in books kept in the Registry for the purpose.
4. Right to inspect, etc. certain documents filed in Registry. (O. 60 r. 4)
(1) Any person shall, on payment of the prescribed fee, be entitled during office hours to search for, inspect and take a copy of any of the following documents filed in the Registry, namely–
(a) the copy of any writ of summons or other originating process;
(b) any judgment or order given or made in Court or the copy of any such judgment or order; and
(c) with the leave of the Registrar any other document.
(2) Nothing in the foregoing provision shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in the Registry in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.
5. Deposit of document. (O. 60 r. 5)
Where the Court orders any documents to be lodged in Court, then, unless the order directs that the documents be so lodged by being deposited with the Accountant-General, the documents must be deposited in the Registry.
6. Filing of instruments creating powers of attorney. (O. 60 r. 6)
(1) An instrument creating a power of attorney which is presented for deposit in the Registry under–
(a) section 30 of the Trustee Act, 1949 (Act 208), or
(b) section 4 of the Powers of Attorney Ordinance 1949 (Ord. 64/69),
shall not be deposited therein unless the execution of the instrument has been verified in accordance with rule 7 and the instrument is accompanied–
(i) except where rule 7(b) applies, by the affidavit, declaration, certificate or other evidence by which the execution was verified;
(ii) in the case of an instrument presented for filing under the said section 30, by the statutory declaration required by subsection 4 of that section.
(2) Without prejudice to the said section 4, a certified copy of an instrument creating a power of attorney which is presented for deposit in the Registry under the said section shall not be deposited therein unless–
(a) the execution of the instrument has been verified in accordance with rule 7;
(b) the signature of the person who certified the copy is sufficiently verified; and
(c) except where rule 7(b) applies and subject to paragraph (3), the copy is accompanied by the affidavit, declaration, certificate or other evidence by which the execution was verified.
(3) If the affidavit, declaration, certificate or other evidence verifying the execution of the instrument is so bound up with or attached to the instrument that they cannot conveniently be separated, it shall be sufficient for the purpose of paragraph (2) to produce and show to the proper officer in the Registry the original affidavit, declaration, certificate or other evidence and to file a certified or office copy thereof.
7. Verification of execution of power of attorney. (O. 60 r. 7)
The execution of such an instrument or statutory declaration as is referred to in rule 6(1) may be verified–
(a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the instrument was executed, or, if no such person is available, by some impartial person who knows the signature of the donor of the power of attorney created by the instrument; or
(b) if the instrument was attested by a Commissioner for Oaths, by the signature of the Commissioner as attesting witness; or
(c) by such other evidence as, in the opinion of the Registrar is sufficient.
8. Inspection, etc. of powers of attorney. (O. 60 r. 8)
(1) An index shall be kept in the Registry of all instruments and certified copies to which rule 6 relates deposited in the Registry and of the names of the donors of the powers of attorney created by such instruments.
(2) Any person shall, on payment of the prescribed fee, be entitled–
(a) to search the index;
(b) to inspect any document filed or deposited in the Registry in accordance with rule 6; and
(c) to be supplied with an office copy of any such document; and a copy of any such document may be presented at the Registry to be marked as an office copy.
9. Restriction on removal of documents. (O. 60 r. 9)
No document filed in or in the custody of the Registry shall be taken out of it without the leave of the Court unless the document is to be sent to a Subordinate Court.
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