A 312
[Subsidiary]
(Cap. 10.)
(Cap. 10.)
CAP. 4 The Rules of the Supreme Court Order 76 [1988 Ed.
Default of pleadings (O. 76, r. 10)
10. (1) Order 19 shall not apply in relation to a probate action.
(2) Where any party to a probate action fails to serve on any other party a pleading which he is required by these rules to serve on that other party, then, unless the Court orders the action to be discontinued or dismissed, that other party may, after the expiration of the period fixed by or under these rules for service of the pleading in question, apply to the Court for an order for trial of the action; and if an order is made the Court may direct the action to be tried on affidavit evidence.
Discontinuance and dismissal (O. 76, r. 11)
11. (1) Order 21 shall not apply in relation to a probate action.
(2) At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or of any party to the action who has acknowledged service of the writ therein, order the action to be discontinued or dismissed on such terms as to costs or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject of the action, be made to the person entitled thereto.
(3) An application for an order under this rule may be made by motion or summons or by notice under Order 25, rule 7.
Compromise of action: trial on affidavit evidence (O. 76, r. 12)
12. Where, whether before or after the service of the defence in a probate action, the parties to the action agree to a compromise, the Court may order the trial of the action on affidavit evidence.
Application for order to bring in will, etc. (O. 76, r. 13)
13. (1) Any application in a probate action for an order under section 7(1) of the Probate and Administration Ordinance shall be for an order requiring a person to bring a will or other testamentary paper into the Registry or to attend in court for examination.
(2) An application under paragraph (1) shall be made by summons in the action, which must be served on the person against whom the order is sought.
(3) Any application in a probate action for the issue of a subpoena under section 7(3) of the Probate and Administration Ordinance shall be for the issue of a subpoena requiring a person to bring into the Registry a will or other testamentary paper.