Addition of
new rule 6
in these rules to actions for the recovery or delivery or specific delivery of property other than land or the possession of such property shall be construed as including proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the property or to the posses- sion thereof;**.
3. Order 1 of the principal rules is amended by the addition
to Order 1, at the end thereof of the following new rule-
Amendment
"Rules to bind Crown. Q. IA.
6. Save as provided by the Crown Proceedings Ordinance, 1957, or by these rules-
(a) these rules shall, so far as may be, apply to all civil proceedings by or against the Crown instituted in the Supreme Court on or after the 1st day of November, 1957:
(b) such civil proceedings as aforesaid shall, so far as may be, take the same form as civil proceedings between subjects, and shall, if no special form is applicable, take the form of the action commenced by writ of
summons;
(c) civil proceedings by or against the Crown which have been instituted before the said 1st day of November shall be governed by the practice and procedure laid down in Order XIX.".
4. Rule 2 of Order II of the principal rules is amended by
of Order II, the addition at the end thereof of the following new paragraph-
rule 2,
"Jadorse- ment of writ
against Crown. 0.3, r. SA.
(3) The description of the subject matter of the claim in proceedings against the Crown shall contain information as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the Government departments and officers of the Crown concerned. In such proceedings if the defendant considers that the indorsement of claim does not contain sufficient information as aforesaid, the defendant may, at any time before the time limited by the writ of summons for appearance has expired,
by notice in writing to the plaintiff request further information as specified in the notice. Where such a notice has been given the time for appearance shall expire four days after the defendant has notified the plaintiff in writing that the defendant is satisfied or four days after the court has, on the application of the plaintiff by summons served on the defendant not less than seven days before the return day, decided that no further information as to the matters aforesaid is reasonably required.",
5. Rule 18 of Order II of the principal rules is amended Amendment of Order II, by the addition at the end thereof of the following new rula 18. paragraphs-- *0. 14. r. 1 (α) (*).
D.
(4) Where a summons is taken out by the Crown under this rule, the cause of action shall be deemed to be sufficiently verified if an affidavit is made by-
(4) an officer duly authorized by the Attorney
General; or
(b) a legal officer,
stating that to the best of his knowledge and bellef the plaintiff is entitled to the relief claimed and there is no defence to the action except as to the amount of
the damages claimed, if any.
(5) No summons shall be taken out under this rule in any proceedings against the Crown.".
Order II of the principal rules is amended by the addition Addition of after rule ag of the following new rule-
"Rules for Bervice to be subject to section 14 of Ordinance
No. 18 of 1967. 0. 9. r. 5A.
29A. The provisions in these rules concerning the service of process shall have effect subject to the provisions of section 14 of the Crown Proceedings Ordinance, 1957, which provide for the service of docu- ments on the Crown for the purposes of or in connexion with any civil proceedings by or against the Crown.".
new rule 20.A to Order II.
of Order II, rule $7.
7. Rule 37 of Order II of the principal rules is amended Amendinent by the addition at the end thereof of the following new paragraph→→
"0. 11.
r. 14.
(9) This rule applies in the case of proceedings by the Crown but it does not apply in the case of proceedings against the Crown."'.
No comments yet.
Private notes are available after approval.