38
SHORT TITLE.
26
Schedule, contd.
AMENDMENT OR REPEAL.
SHORT TITLE.
27
Schedule,-contd.
AMENDMENT OR REPEAL
60. The Code of Civil
Procedure, 1901. (No. 3 of 1901.), -contd.
662. When adjudicating upon the claims Adjudication of persons claiming to be creditors the on clairns, court in its discretion may allow any of 0. 55, r. 52. such claims, or any part thereof respec- tively, without proof by the claimants, and may direct all or any of the claims not so allowed to be investigated in such manner as it may think fit, and may require any further particulars, information, or evid- ence, relating to such claims, and may require any claimant to attend and prove his claim, or any part thereof, and may adjourn the adjudication upon such claims as are not then allowed.
Further
663. Where on the day appointed for Adjourn. adjudicating upon the claims of persons ment. claiming to be creditors any of such claims evidence. are adjourned or remain undisposed of, another day for adjudicating upon such 0.55. r. 53.
claims shall be fixed, and where further evidence is to be adduced, the times for filing evidence in support of and in op position to the claims may be fixed, and in that case the proceedings shall be ad- journed until the evidence is completed.
664. Notice of allowance shall be given Notice of by such party as the court may direct to claims every creditor whose claim, or any part allowed or
disallowed. thereof, has been allowed. Notice shall
be given by such party as aforesaid to 0.55, r. 54. every person claiming to be a creditor whose claim or any part thereof shall not have been allowed to prove his claim or such part thereof as is not allowed, by a time to be named in such notice, not being less than seven days after 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 shall not comply with such notice, his claim, or such part thereof as aforesaid, may be disallowed. No person claiming to be a creditor need Unless make any affidavit nor attend in support served of his claim (except to produce his with notice security) unless he is served with a notice need not requiring him to do so. Every person attend. 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 ad- judicating on the claims.
claimant
665. The court may allow a creditor Costs.
who has established his debt in chambers 0.55, r. 55.
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 shall think 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
60. The Code of Civil
Procedure, 1901. (No. 3 of 1901.), -contd.
a claimant to pay the costs of any party
or parties incurred in opposing any claim any part of & claim which the claimant has failed to establish,
or
666. A list of creditors' claims allowed List of
+
shall, when required by the court, be claims made out and left with the Registrar by allowed. such party as the court may direct. 0. 55, r. 56.
claims.
667. In the case of claimants other Affidavit than creditors such party as the court verifying may direct shall, at least seven clear days before the time appointed for ad. 0.55, r. 58. judication or within such time ÅЯ 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 advertise- ment.
668. At the time appointed for ad- Adjudication judicating upon the claims of claimants on claims. other than creditors the times for filing C, 55, r. 59. 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.
669. Where a claimant other than A Claimants creditor has established his claim he shall, who have if not already a party, and unless the established their claims court shall otherwise direct, be served to be served with notice of the judgment or order pur- with notice suant to section 81 (1), and when he has of judgment. been so served and has entered an appear- 0. 55, r. 60. ance he shall, unless the court shall otherwise direct, be entitled as part of
his costs of action (if allowed) to costs properly incurred in proving his claim previously to his having entered An appearance.
(s. 670, rep.-Law Revision Ordinance, 1937.)"
(7) The Schedule is amended :—
(i) by the insertion in Form No. 1 of the words "(or defendants)" after the word defendant and the words (or appearances) after the word appear- ance "in the Memorandum to be sub- scribed on the writ;
(ii) by the repeal in the eighth line of Form No. 8f. thereof of the words to-
喝着
gether with the verification of a notary public".
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