1278
Duty of creditor to produce security, and evidence of debt. O. 55, r. 50. Creditor refusing to produce security, etc. O. 55, r. 51.
Examination and verification O. 55, r. 52. Postponement of affidavit. No. 3 of 1901. CODE OF CIVIL PROCEDURE.
660. Every creditor shall produce the security, if any, held by him before the court at such time as may be specified in the advertisement for that purpose, being the time appointed for adjudicating on the claims, and every creditor shall, if required, by notice in writing to be given by the executor or administrator of the deceased person or by such other party as the court may direct, produce all other deeds and documents necessary to substantiate his claim before the court at such time as may be specified in such notice.
661. In case any creditor refuses or neglects to comply with the requirements of section 660, he shall not be allowed any costs of proving his claim, unless the court otherwise directs.
662. The executor or administrator of the deceased or such other party as the court may direct, shall examine the claims of creditors sent in pursuant to the advertisement, and shall ascertain, so far as he is able, to which of such claims the estate of the deceased person is justly liable; and he shall, at least seven days prior to the time appointed for adjudication, file an affidavit, to be made by the executor or administrator, or one of the executors or administrators, or such other party, either alone or jointly with his solicitor or other competent person, or otherwise, as the court may direct, verifying a list of the claims, particulars of which have been sent in pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased person is, in the opinion of the deponent, justly liable, and his belief that such claims, or parts thereof respectively, are justly due and proper to be allowed, and the reasons for such belief.
663. In case the court thinks fit so to direct, the making of the affidavit referred to in section 662 shall be postponed O. 55, r. 53. till after the day appointed for adjudication, and shall then be subject to such directions as the court may give.
Adjournment of hearing of claims. O. 55, r. 54.
664. Where, on the day appointed for adjudication, any of the claims remain undisposed of, an adjournment day for hearing such claims shall be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed, and directions may be given as to the mode in which such evidence is to be adduced.
* As amended by Law Rev. Ord., 1924.
Page 165
Page 166