Money payment.
Costs.
Decree.
In what cases.
Course of procedure.
Power of Court to direct a petition.
48
RULES OF SUPREME COURT
mine the same if the facts are not sufficiently stated, or if the question thereon is not properly raised, or if the parties cannot agree on an amended case; and may draw inferences of fact from the facts stated in the case.
7. The parties may, if they think fit, enter into an agreement in writing (which shall be embodied in the order for stating the special case or in some subsequent order), that upon the judgment of the Supreme Court being given in the affirmative or negative of the question of law raised by the special case, a sum of money fixed in the agreement, or to be ascertained by the Supreme Court, or in such manner as it may direct, shall be paid by one of the parties to the other, with or without any
costs.
On the judgment of the Supreme Court, a decree of the Supreme Court or of the Provincial Court under whose order the case was stated (as the case may be), may be entered for the sum to be agreed or ascertained, with or without costs, as the case may be.
8. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Supreme Court.
9. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
II.—SUMMARY PROCEDURE FOR CLAIMS UNDER 100 DOLLARS.
10. Where the claim which any person desires to enforce by proceed- ings in the Court relates to money, goods, or other property, or any matter at issue of a less amount of value than 100 dollars, or is for the recovery of damages of a less amount than 100 dollars,-proceedings shall be com- menced by summons, and the suit shall be heard and determined in a summary way.
11. The summons shall issue without application in writing.
It shall be addressed to the defendant or defendants against whom the claim is made.
It shall state briefly and clearly the nature and particulars of the claim, and the amount sought to be recovered.
It shall be served on the defendant or defendants within the time and in the manner directed by the Court.
A defendant shall not be bound to attend personally to answer the summons, unless required expressly by the summons so to do, but he must attend personally if summoned as a witness.
The provisions of these Rules, relative to suits for sums of 100 dollars and upwards, shall be applicable mutatis mutandis to suits for sums of less than 100 dollars, and shall be so applied accordingly (except as far as the Court may in any case for the avoiding of delay and furtherance of substantial justice think fit otherwise to direct), particularly as to the matters following:-
The service of summons, notices, and orders.
The summoning of witnesses.
The taking of evidence.
The postponement or adjournment of the hearing.
The allowance of costs.
The contents and effect of orders, and the enforcement thereof,
The recording of the proceedings.
The mode of appeal.
12. Where, either on the application for a summons or before, or at the hearing thereof, it appears to the Court (for reasons to be recorded in the minutes of proceedings) that the nature and circumstances of the case render it unjust or inexpedient to hear and determine the claim in a sum- mary way, the Court may direct proceedings to be taken and carried on by petition, as in suits for sums of 100 dollars and upwards.
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