864

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Unless served with notice claimant need not attend. Costs.

O. 55, r. 55.

List of claims allowed.

such notice, and to attend at a time to be therein mentioned, being the time appointed for adjudicating on the claim; and in case the claimant does not comply with such notice, his claim, or such part thereof as aforesaid, may be disallowed. No person claiming to be a creditor need make any affidavit nor attend in support of his claim (except to produce his security) unless he is served with a notice requiring him to do so. Every person claiming to be a creditor shall produce the security (if any) held by him before the court at such time as shall be specified in the advertisement for adjudicating on the claims.

665. The court may allow a creditor who has established his debt in chambers under any judgment or order the costs of so establishing his debt, and the sum to be allowed for such costs shall be fixed by the court, unless it thinks fit to direct the taxation thereof, and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established. The court may order a claimant to pay the costs of any party or parties incurred in opposing any claim or any part of a claim which the claimant has failed to establish.

666. A list of creditors' claims allowed shall, when required by the court, be made out and left with the Registrar by such O. 55, r. 56. party as the court may direct.

Affidavit verifying claims. 0. 55, r. 58.

Adjudication on claims. 0. 55, r. 59.

667. In the case of claimants other than creditors such party as the court may direct shall, at least seven clear days before the time appointed for adjudication or within such time as the court may direct, file an affidavit to be made by the executors or administrators of the deceased or by the trustees and in each case by the person to whom claims are required by the advertisement to be sent (or by such persons as the court may direct) verifying lists of the claims, the particulars of which have come to the knowledge of the executors, administrators or trustees or any of them or which have been sent in pursuant to the advertisement.

668. At the time appointed for adjudicating upon the claims of claimants other than creditors the times for filing evidence in support of and in opposition to the claims may be fixed, and in that case the proceedings shall be adjourned until the evidence is completed.

* As amended by Law Rev. Ord., 1937. + As amended by Law Rev. Ord., 1939.

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