708
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(s. 42 contd.) jurisdiction. O. 11, r. 1.
Schedule. Forms Nos. 7,8.
22 & 23 Geo. 5, c. 36.
O. 11, r. 4.
or notice of a writ of summons may be allowed by the court whenever-
(a) the whole subject-matter of the action is immovable property situate within the jurisdiction (with or without rents or profits) or the perpetuation of testimony relating to land within the jurisdiction; or
(b) any act, deed, will, contract, obligation or liability affecting immovable property situate within the jurisdiction is sought to be construed, rectified, set aside or enforced in the action; or
(c) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or
(d) the action is for the administration of the personal estate of any deceased person who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of the Colony; or
(e) the action is on a contract and the cause of action has arisen within the jurisdiction; or
(ee) the action is founded on a tort committed within the jurisdiction; or
(f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or
(g) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; or
(h) the action is brought under the Carriage by Air Act, 1932.
(2) Every application for leave to serve a writ of summons or notice of a writ of summons on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that, in the belief of the deponent, the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds on which the application
* As amended by Law Rev. Ord., 1939.