(Cap. 4).
16
And levy
centum per annum, from the
expenses of execution.
19
1
and $
and interest at $
per
day of
1
for coath of execution, besides
17
Explanatory Note.
(This note is not part of the rudder, but in intended to indicate their general purport).
These rules make a number of minor amendments of the Code of Civil Procedure. Chapter 4 as follows-
Rule A.
1.
OT "order".
2.
"Adjudged" or "ordopad".
"Fiminti or na may be.
Describe proemings me in judgment or order.
Б.
"Judgment thereis adjudged" or "order dated the
ot
ordered"",
4.
Corla
T
U for part only of prenatzen, par "doscribed u*":"*.
Rule 3.
Bulce 4
Dated this 3rd day of January, 1958.
Rule 6.
//
Ho
Rule 7.
Chief Justice,
Senior Puisne Judge.
Acting Puisne Judge,
Member.
Member.
Pursuant to section 37(6) (d) of the Supreme Court Ordinance
I hereby certify that the foregoing rules have been made by the requisite quorum of the Rules Committee under and by virtue of section 37(6) of the said Ordinance.
Rule 8.
Rule 9.
Rule 10.
Rules 11
Rule 18.
Rule 14.
Mule 15.
Rule 16.
amends paragraph (d) of rule 18 of Order II to restrict the cases in which the writ can be specially endorsed to cases where this can be done in England:
corrects a typographical error in rule 29 of Order II: & 6. amend roles 29 and 32 of Order V to remove the super- fluous reference to write for service out of the jurisdiction and to reconcile the contradictory provisions of these two rales;
rescinds and replaces rule 11 of Order Xlll to clarify the position with regard to the taking of a shorthand note in court; adds a new paragraph to rule 19 of Order XVII to empower the Registrar to ask for production of the Judgment before fasue of a writ of execution and requiring him to satisfy himself that the proper time has elapsed before issue of execution; completes the marginal note to rule 25 of Order XVII; corrects the beading to rules 27 to 20 of Order XVII; correcta a typographical error in role 1 of Order XXI;; & 12. amend rules 5 and 8 respectively of Order XXI firstly to
extend the right to apply for leave to issue or defend a pauper to persons seeking to bring or defend proceedings in a representative capacity in addition to persons secking to bring or defend proceedings in their own right and secondly to provide for the fees of solicitors and counsel and court fees in such cases to become chargeable out of a fund or estate in non- contentious proceedings.
rescinds Order XXII and replaces it by a new Order XXII] adapted from Order LIII of the Rules of the Supreme Court in England;
adda & new rule 15A to Order XXXI to incorporate the provi- sions of rule 13 of Order LXFV of the Rules of the Supreme Court in England;
Amends rule 16 of Order XXXI to delete the worda "in the court" in paragraph (1) since doubt has been expressed as to whether these words opply only to attestations of honour or refer also to the paths etc. mentioned earlier in the same paragraph:
mokes considerable amendments to the Schedule, some pouse. quential upon the above amendments, Attention is drawn particularly to the new Form 398, writ of execution for immovable or moveable property.
(Secretariat GR39/2961/46)
Chief Justice__