1988 Ed.] The Rules of the Supreme Court-Order 12
[CAP. 4
(2) Except as provided by paragraph (1) nothing in these rules or any writ or order thereunder shall be construed as precluding a defendant from acknowledging service in an action after the time limited for so doing, but if a defendant acknowledges service after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other act later than if he had acknowledged service within that time.
Acknowledgment not to constitute waiver (O. 12, r. 7)
7. The acknowledgment by a defendant of service of a writ shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ or extending the validity of the writ for the purpose of service.
Dispute as to jurisdiction (O. 12, r. 8)
8. (1) A defendant who wishes to dispute the jurisdiction of the court in the proceedings by reason of any such irregularity as is mentioned in rule 7 or on any other ground shall give notice of intention to defend the proceedings and shall, within the time limited for service of a defence, apply to the Court for-
(a) an order setting aside the writ or service of the writ on him,
or
(b) an order declaring that the writ has not been duly served on him, or
(c) the discharge of any order giving leave to serve the writ on him out of the jurisdiction, or
(d) the discharge of any order extending the validity of the writ for the purpose of service, or
(e) the protection or release of any property of the defendant seized or threatened with seizure in the proceedings, or
(f) the discharge of any order made to prevent any dealing with any property of the defendant, or
(g) a declaration that in the circumstances of the case the court has no jurisdiction over the defendant in respect of the subject-matter of the claim or the relief or remedy sought in the action, or
(h) such other relief as may be appropriate.
(3) An application under paragraph (1) must be made-
(a) in an Admiralty action in rem, by motion;
(c) in any other action, by summons or motion,
and the notice of motion or summons must state the grounds of the application.
(4) An application under paragraph (1) must be supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the notice of motion or summons by which the application is made.
A 31
[Subsidiary]