Infants and
persona of unwound mind.
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(2) A copy of the notice shall be filed in the registry, and the affidavits to be used in support of the motion and the original documents referred to therein or intended to be used at the hearing of the motion shall at the same time be lodged in the registry. Copies of all such affidavits or documents shall be delivered upon request to the parties who are entitled to be heard on the motion.
80. (1) An infant or a person of unsound mind may com- mence and prosecute any cause or make any application to which these rules apply by his next friend and may defend or intervene in any such cause by his guardian ad litem, and, except as other- wise provided by this rule, no appointment of a guardian ad liter shall be necessary.
(2) Before the name of any person is used in any proceedings as next friend the solicitor for the infant or person of unsound mind shall obtain a written authority signed by that person. The authority shall be attested by a solicitor, who shall certify that the proposed next friend has no interest in the proceedings adverse to that of the infant or person of unsound mind.
(3) Where in any cause to which these rules apply any document is required to be served and the person on whom service is to be effected is an infant, the document shall, unless otherwise directed, be served on the father or guardian of the infant or, if he has no father or guardian, upon the person with whom he resides or under whose care he is, and service so effected shall be deemed good service on the infant, so however that the registrar order that service affected or to be effected on the infant shall be deemed good service.
may
(4) Where a petition, answer or originating summons has been served in accordance with paragraph (3) and no appearance has been entered on behalf of the infant, the party at whose instance the petition, answer or originating summons was served shall, before proceeding further with the cause, apply for an order that some proper person be assigned guardian of the infant by whom he may appear and defend or intervene in the proceedings.
(5) Where in any cause to which these rules apply any person on whom a petition, answer or originating summons is required to be served, is of unsound mind, then, unless otherwise directed the petition, answer or originating summons, as the case may be,
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shall be served upon the person with whom the person of unsound mind resides or under whose care he is, and service so effected shall be deemed good service upon the person of unsound mind.
(6) Any document served in accordance with paragraph (4) shall be endorsed with a notice that the contents or purport of the document shall be communicated to the person of unsound mind to whom it relates unless the person on whom the document was served is satisfied, after consultation with the medical attendant of the person of unsound mind or the medical officer of the institu- tion in which the person of unsound mind is, that the communica- tion would be detrimental to the mental condition of the person of unsound mind, and, in a case where any order has been made under section 8(2) of the Supreme Court Ordinance in respect of (Cap. 4). the person of unsound mind, appointing a committee or receiver, the document shall be endorsed with a further notice that the contents or purport of the document shall be communicated to the committee or receiver so appointed.
(7) After service of any document has been effected on a person of unsound mind in accordance with paragraph (6), the party at whose instance the document was served shall, unless otherwise directed, file an affidavit made by the person with whom the person of unsound mind resides or under whose care he is, stating whether or not the contents or purport of the document were communicated to the person of unsound mind and, if not, giving the reasons why the contents or purport of the docu- ment were not so communicated.
(8) In every case in which a petition, answer or originating summons has been served upon a person whom there is reason- able ground for believing to be of unsound mind, the party at whose instance the petition, answer or originating summons was served shall, before proceeding further with the cause, apply for an order flat a guardian ad litem be assigned by whom such person may appear and defend or intervene in the proceedings, and on such application the registrar may, if he considers il necessary for the proper protection and representation of such person, order that some proper person be assigned guardian ad Hlem.
(9) A solicitor or other person seeking to enter an appearance on behalf of an infant or person of unsound mind shall file an affidavit of fitness in accordance with Form 17.