(8) Order II, rules 5, 6 and 8 shall apply in relation to a citation under rule 7 as they apply in relation to notice of a writ.
Affidavit of testamentary scripts,
9. (1) Unless the Court otherwise directs, the plaintiff and every defendant who has entered an appearance in a probate action must swear an affidavit-
(a) describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and
(b) if any such script of which he has knowledge is not in his possession or under his control, giving the name and address of the person in whose possession or under whose control it is or, if such be the case, stating that he does not know the name or address of that person,
and any such script which is in the possession or under the control of the deponent must be annexed to bis affidavit.
(2) An affidavit required by this rule (together with any testamentary script annexed thereto) must be filed within 14 days after the entry of appearance by the defendant to the action or, if no defendant enters an appearance therein and the Court does not otherwise direct, before the action is set down for trial.
(3) When any testamentary script required by this rule to be filed or any part thereof is written in pencil. then, unless the Court otherwise directs, a facsimile copy of that script, or of the page or pages thereof containing the part written in pencil. must also be filed and the words which appear in pencil in the original must be underlined in red ink in the copy.
(4) Except with the leave of the Court, a party to a probate action shall not be allowed to inspect an affidavit filed under this rule by any other party to the action, or any testamentary script annexed thereto, unless and until an affidavit sworn by him containing the information referred to in paragraph (1) has been filed.
(5) In this rule "testamentary script" means a will or draft thereof, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to
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be a copy, of a will which is alleged to have been lost or destroyed.
Default of appearance.
10. (1) Order 13 shall not apply in relation to a probale action.
(2) When any of several defendants to a probate action fails to enter an appearance, the plaintiff, upon filing an affidavit proving due service of the writ, or notice of the writ, on that defendant may, after the time limited for appear. ing, proceed with the action as if that defendant had entered an appearance.
03) Where the defendant, or all the defendants, to a probate action. fails or fail to cater an appearance, and none of the persons (if any) cled under rule 5 has entered an appearance, then, unless on the application of the plaintiff the Court orders the action to be discontinued, the plaintiff may after the time limited for appearing by the defendant apply to the Court for leave to set down the action for trial.
(4) Before making an application for the grant of leave under paragraph (3) the plaintiff must file an affidavit proving due service of the writ, or notice of the writ, on the defendant and of the citation, if any.
(5) When the Court grants leave under paragraph (3) if may order the plaintiff to file an affidavit of testamentary scripts under rule 9.
Service of statement of claim.
11. The plaintiff in a probate action must, unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ, serve a statement of claim on every defendant who enters an appearance in the action and must do so before the expiration of 6 weeks after entry of appear- ance by that defendant or of 8 days after the tiling by him of an affidavit under rule 9, whichever is the later.
Counterclaim.
12. Notwithstanding anything in Order 15, role 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matier relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counter- claim in respect of that matter.