79. Moneylenders’ Actions.
ORDER 79
MONEYLENDERS’ ACTIONS
1. Application and interpretation. (O. 79 r. 1)
(1) These rules apply to a moneylender’s action subject to the following rules of this Order.
(2) In these rules–
"moneylender" has the meaning assigned to it by section 2 of the Moneylenders Ordinance, 1951 (42/51)*;
"moneylender’s action" means an action for the recovery of money lent by a moneylender or for the enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.
2. Indorsement of writ. (O. 79 r. 2)
Before a writ beginning a moneylender’s action is issued it must be indorsed with a statement that at the time of the making of the loan or contract or the giving of the security in question the lender was licensed as a moneylender.
3. Particulars to be included in statement of claim. (O. 79 r. 3)
Every statement of claim in a moneylender’s action (whether indorsed on the writ or not) must state–
(a) the date on which the loan was made;
(b) the amount actually lent to the borrower;
(c) the rate per cent per annum of interest charged;
(d) the date when the contract for repayment was made;
(e) the fact that a note or memorandum of the contract was made and was signed by the borrower;
(f) the date when a copy of the note or memorandum was delivered or sent to the borrower;
(g) the amount repaid;
(h) the amount due but unpaid;
(i) the date upon which such unpaid sum or sums became due; and
(j) the amount of interest accrued due and unpaid on every such sum.
4. Judgment in default of appearance or of defence. (O. 79 r. 4)
(1) In a moneylender’s action judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.
(2) An application for the grant of leave under this rule must be made by summons, and the summons must, notwithstanding any thing in Order 62, rule 10, be served on the defendant.
(3) If the application is for leave to enter judgment in default of appearance, the summons shall not be issued until after the time limited for appearing.
(4) On the hearing of such an application, whether the defendant appears or not, the Court–
(a) may exercise the powers of the Court under section 21(2) of the Moneylenders Ordinance 1951 (42/51);
(b) where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or give any such order or directions as it might have made or given had the application been an application under Order 14, rule 1, for judgment on the claim.
5. Particulars to be included in originating summons. (O. 79 r. 5)
Where a moneylender’s action is begun by originating summons, the summons must contain a statement of the matters specified in rules 2 and 3.
ORDER 79
MONEYLENDERS’ ACTIONS
1. Application and interpretation. (O. 79 r. 1)
(1) These rules apply to a moneylender’s action subject to the following rules of this Order.
(2) In these rules–
"moneylender" has the meaning assigned to it by section 2 of the Moneylenders Ordinance, 1951 (42/51)*;
"moneylender’s action" means an action for the recovery of money lent by a moneylender or for the enforcement of any agreement or security relating to money so lent, being an action brought by the lender or an assignee.
2. Indorsement of writ. (O. 79 r. 2)
Before a writ beginning a moneylender’s action is issued it must be indorsed with a statement that at the time of the making of the loan or contract or the giving of the security in question the lender was licensed as a moneylender.
3. Particulars to be included in statement of claim. (O. 79 r. 3)
Every statement of claim in a moneylender’s action (whether indorsed on the writ or not) must state–
(a) the date on which the loan was made;
(b) the amount actually lent to the borrower;
(c) the rate per cent per annum of interest charged;
(d) the date when the contract for repayment was made;
(e) the fact that a note or memorandum of the contract was made and was signed by the borrower;
(f) the date when a copy of the note or memorandum was delivered or sent to the borrower;
(g) the amount repaid;
(h) the amount due but unpaid;
(i) the date upon which such unpaid sum or sums became due; and
(j) the amount of interest accrued due and unpaid on every such sum.
4. Judgment in default of appearance or of defence. (O. 79 r. 4)
(1) In a moneylender’s action judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.
(2) An application for the grant of leave under this rule must be made by summons, and the summons must, notwithstanding any thing in Order 62, rule 10, be served on the defendant.
(3) If the application is for leave to enter judgment in default of appearance, the summons shall not be issued until after the time limited for appearing.
(4) On the hearing of such an application, whether the defendant appears or not, the Court–
(a) may exercise the powers of the Court under section 21(2) of the Moneylenders Ordinance 1951 (42/51);
(b) where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or give any such order or directions as it might have made or given had the application been an application under Order 14, rule 1, for judgment on the claim.
5. Particulars to be included in originating summons. (O. 79 r. 5)
Where a moneylender’s action is begun by originating summons, the summons must contain a statement of the matters specified in rules 2 and 3.
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