CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1139
question to be tried, an order for the proper account, with all necessary inquiries and directions now usual in similar cases, shall be forthwith made.
(2) The application for such order shall be made by summons and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired.
Concurrent Writs.
O.6 r. 1.
25.-(1) The plaintiff in any action may, at the time of or at any time during 12 months after the issuing of the original writ of summons, issue one or more concurrent writ or writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked by the Registrar with the word "concurrent" and the date of issuing the concurrent writ: Provided that such concurrent writ or writs shall only be in force for the period during which the original writ in the action may be in force.
(2) A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service, or whereof notice in lieu of service is to be given, out of the jurisdiction; and a writ for service, or whereof notice in lieu of service is to be given, out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction.
Originating Summons.
26. An originating summons shall be prepared by the applicant or his solicitor, and shall be signed by the Registrar and sealed with the seal of the Court, and shall thereupon be deemed to be issued.
27. The applicant or his solicitor shall leave with the Registrar a copy of the summons signed by the applicant or by or in the name of his solicitor, and such copy shall be filed by the Registrar.
Filing of copy of originating summons.
O.54 r.4; B. forms 3, 4, 5.
28.-(1) Every party served with an originating summons shall, before he is heard, enter an appearance in the Registry.
(2) A party so served may appear at any time before the hearing of the summons.
*As amended by No. 36 of 1911.
Appearance to originating summons.