1983 Ed.]

District Court Civil Procedure (General) Rules

[CAP. 336

A 9

(2) Where the plaintiff's claim is for recovery of immovable property, the writ, in addition to stating in the particulars of claim the grounds upon which the claim is made and the arrears of rent claimed, if any, and the rate at which and period in respect of which mesne profits are claimed, shall be endorsed with a statement that, on the defendant giving up possession of the property to the plaintiff and paying the arrears of rent, if any, and the mesne profits up to the date on which possession is given up as aforesaid and the amount of the fixed costs allowed by the District Court Civil Procedure (Costs) Rules, within the period mentioned in paragraph (1), further proceedings will be stayed and the defendant will not be liable for further costs.

[Subsidiary]

Endorsement in

action.

15. Where an action for the recovery of money lent by a money-lender or for the enforcement of any agreement or security relating to any such money is brought by the lender or by an assignee of the lender, the particulars of claim shall state, in addition to any other particulars-

(a) that at the time of making the loan or contract the plaintiff or, in an action by an assignee, the original assignor was a registered money-lender under the Money Lenders Ordinance;

(b) the date on which the loan was made, or where the action is brought on an agreement or security given in consideration of the renewal of former loans, the date on which each such loan was made;

(c) the amount actually lent to the borrower;

(Cap. 163.)

(d) the rate of interest expressed as a percentage per annum L.N. 331/83.

charged on the amount actually lent;

(e) the amounts paid by way of interest and the periods in respect of which and the dates on which each such payment was made;

(f) the amount of principal repaid and the date or dates of payment;

(g) every other amount paid by the borrower to the lender in respect of the loan or loans as the case may be, whether as a premium or otherwise;

(h) the amount of principal due and unpaid; and

(i) the amount of interest due and unpaid.

16. Where the plaintiff in the first instance desires to have an account taken and no amount is claimed in the particulars, the plaintiff shall be deemed to claim an amount equal to the maximum amount with respect to which the Court has jurisdiction in contract for the time being.

Endorsement for account.

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