89. Summary Proceedings for Possession of Land.

89. Summary Proceedings for Possession of Land.
ORDER 89
SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [Ins. P.U. (A) 114/84]
1. Proceedings to be brought by originating summons. (O. 89 r. 1)
Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.
2. Forms of originating summons. (O. 89 r. 2)
The originating summons shall be in Form No. 8A and no acknowledgment of service shall be required.
3. Affidavit in support. (O. 89 r. 3)
The plaintiff shall file in support of the originating summons an affidavit stating–
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying the land who is not named in the summons.
4. Service of originating summons. (O. 89 r. 4)
(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him–
(a) personally or in accordance with Order 10, rule 5; or
(b) by leaving a copy of the summons and of the affidavit or sending them to him, at the premises; or
(c) in such other manner as the Court may direct.
(2) The summons shall, in addition to being served on the named defendants, if any, in accordance with paragraph (1) be served, unless the Court otherwise directs, by–
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises; and
(b) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to "the occupiers".
(3) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the Court out of which the summons was issued.
(4) Order 28, rule 3 shall not apply to proceedings under this Order.
5. Application by occupier to be made a party. (O. 89 r. 5)
Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.
6. Order for possession. (O. 89 r. 6)
(1) A final order shall not be made on the originating summons except by a Judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.
(2) An order for possession in proceedings under this Order shall be in Form No. 193A.
(3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.
7. Writ of possession. (O. 89 r. 7)
(1) Order 45, rule 3(2), shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of three months from the date of the order without the leave of the Court.
8. Setting aside order. (O. 89 r. 8)
The Judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.