1988 Ed.] The Rules of the Supreme Court-Order 113
[CAP. 4
is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the clerk to the disciplinary committee must as soon as may be lodge 3 copies of such statement in the Registry and at the same time send a copy to each of the parties to the appeal.
Persons entitled to be heard on appeal (O. 106, r. 16)
16. A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.
Discontinuance of appeal (O. 106, r. 17)
17. (1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the clerk to the disciplinary committee and every other party to the appeal and, if the appeal has been entered, by lodging a copy of the notice in the Registry.
(2) Where an appeal has been discontinued in accordance with paragraph (1), it shall be treated as having been dismissed with an order for payment by the appellant of the costs of and incidental to the appeal, including any costs incurred by the Society in complying with rule 13(1).
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[Subsidiary]
1.
ORDER 113
SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.
Form of originating summons (O. 113, r. 2)
2. The originating summons shall be in Form No. 11A in Appendix A and no acknowledgment of service of it shall be required.
Affidavit in support (O. 113, r. 3)
3. The plaintiff shall file in support of the originating summons an affidavit stating-
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
App. A. Form 11A.