Revocation and replacement of rules 20 to 38.
14. Rules 20 to 38 of the principal rules and their beadings are revoked and replaced by the following-
Service of writ.
(Op. 395, Tub. 168)
Defendant to deliver defence or counter- claim it claim disputed.
"Service on defendant.
28. (1) Subject to the provisions of these rules and to the provisions of any other enactment the plaintiff or his agent shall serve a copy of the writ on each defendant personally together with a notice in Form SA in the Second Schedule to the District Court Civil Procedure (Forms) Rules,
(2) The time within which a writ may be served shall, unless extended under paragraph (3), be limited to a period of twelve months from the day of its issue.
(3) Where reasonable efforts have been made to serve the writ within the period of twelve months from the day of its issue and service has not been effected, the Registrar may, on the application of the plaintiff, order that the time within which the writ may be served be extended for a further period not exceeding twelve months or for successive periods por exceeding twelve months each:
Provided that the time shall not be extended for any period unless the application therefore is made within the currency of the last preceding period.
(4) A note of any extension of the time allowed for service shall be endorsed on the writ and on any copy thereof and shall be noted in the Register of Civil Actions of the Court.
(5) Where a writ has not been served within the time allowed for service by this rule, the Registrar shall strike out the action from the Register of Civil Actions.
Defence and counterclaim.
21. (1) A defendant who disputes his liability for the whole or part of any claim or intends to set up a counterclaim shall, within eight days of the service of the writ upon him, ble at the registry out of which the writ has been issued a defence or counter- claim, as the case may be, signed by himself or bis solicitor or counsel and setting out his full postal address and, where it is signed by his solicitor or counsel, the full postal address of his solicitor.
Judgment in default of defence.
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(2) The period of eight days specified in pară- graph (1) may be extended for a further period not exceeding twenty-one days upon the defend'nt Bling. within the period of eight days, a notice signed by the plaintiff consenting to the extension of time.
(3) The filing of a defence shall not operate as
a waiver of any irregularity in process or want of jurisdiction, but the Court may make such order as to costs or otherwise as it thinks fit.
Judgment in default of defence and upon admission. 22. (1) Where the plaintiff's claim against the defendant is for-
(a) the possession of land;
(b) the return of any specific chattel; or
(c) the payment of any debt or liquidated
demand.
and no defence or counterclaim has been filed in accordance with rule 21, the plaintiff may apply to enter judgment.
(2) An application for entry of judgment in default of defence or counterclaim pursuant to para. graph (1) shall be made in writing to the Registrar and, where the claim is for the possession of land or for rent, or is by a money-lender, or the assignee ol a money-lender, for money lent, such application shall be supported by an affidavit-
(a) verifying the claim, and exhibiting the original of any document evidencing the claim, or accounting for the loss of any such document; and
(b) in the case of a claim for possession of land or for rent, declaring, as the case may be. that the rent is not in excess of the amount recoverable by law or that the land is exempt from any law controlling its recovery or the amount of the rent, and the ground of such exemption.
(3) Upon application made under paragraph (2) and upon reading any affidavit filed in support of such application, the Registrar shall, subject to paragraph (4), cause judgment to be entered for the plaintiff with costs, by endorsing the writ filed in the Registry to such effect.
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